{"took":458,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":27,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"4332890","_score":23.905588,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \nXXXX XXXX XXXX XXXX, North Dakota XXXX Email Address : XXXX Phone Number : XXXX Chex Systems , Inc XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Minnesota XXXX XXXX Phone : XXXX XXXX : XXXX XXXX XXXX ChexSystems Consumer ID : Disclosure Report Displays an Incorrect Fictitious Name, XXXX XXXX XXXX Dispute Requests Problems Dear Sir or Madam : I, XXXX XXXX XXXX XXXX Complainant ) had ran my online Chex Systems , Inc ( ChexSystems ) consumer identification number,, Disclosure Report dated on XX/XX/XXXX ( Monday ). After, I had answered, my ChexSystems identity protection questions correctly onto the ChexSystems online web application then I had noticed onto my ChexSystems Disclosure Report, the fictitious name, XXXX XXXX XXXX who had been unlawfully reported into my ChexSystems Disclosure file account, without my lawful authorities. See Exhibit A. \n\nAnd, I had filed an official dispute dated on XX/XX/XXXX XXXX Monday XXXX, in regard to an assailant with a fictitious, similar, or an exact name, as my [ full ] legal name XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX : who had unlawfully written [ bad ] personal checks, or who had unlawfully cashed his/her checks using my personal identifiable information or PII such as, social security number without my lawful authorities, or who had unlawfully and intentionally changed his or her legal name in order to trafficked, in false or authentication features or used in false identification document. \n\nIn order to matched, linked, mapped, or connected to my [ full ] legal name, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, or ascribed to a similar name characteristic such as, XXXX XXXX XXXX. And, the assailant who has a malice aforethought in a premeditated criminal intents to write those forged checks which is matched, linked, mapped, or connected into my ChexSystems disclosure file account, without any legitimate proof or evidence is highly probable because the assailant had unlawfully written those [ bad ] checks or cashed his/her checks with the malicious intents to cause me false personations and identity thefts problems by ways of using my PII and, use my ChexSystems identity disclosure file account, as a harassment tools for no apparent reasons. Therefore, my full legal name is XXXX XXXX XXXX, and not XXXX XXXX XXXX for which, I had faxed, ChexSystems dated on XX/XX/XXXX, in order to address my fictitious name problem with XXXX XXXX XXXX in a legal dispute and concern requests problems which was unlawfully reported into my ChexSystems disclosure file account, without my lawful authorities dated back on XX/XX/XXXX. See Exhibit B. \n\nI had received a letter from ChexSystems dated on XX/XX/XXXX XXXX Tuesday ) pertaining to my fictitious name problems with XXXX XXXX XXXX dispute and concern requests corrections into my personal information ChexSystems disclosure file account, section is as follows : ChexSystems records indicate that the disputed personal information was provided by you in a previous contact with us. See Exhibit C. \n\nI would like to address ChexSystems quoted statement above for which, I had not legally communicated to ChexSystems in a previous contact with them ; in regard to my legal uses of XXXX XXXX XXXX, as my legal name is not truthfully quoted above. However, I had knowingly and willfully disputed, the XXXX XXXX XXXX fictitious name problem which is unlawfully reported into my ChexSystems disclosure file account, dated on XX/XX/XXXX. See Exhibit B. Furthermore, the ChexSystems who is a nongovernmental legal entity had established their company policies, and procedurals in injunction with states, and Federal governmental statutes and [ or ] handbooks. In order to govern their ChexSystems employees or consumers code of conducts within their scope of organizational actions integrated from guidelines, rules, focuses and principals, as resulted from outlining in injunction with states, and Federal governmental and nongovernmental entities terms and conditions coordinated bargain-for-exchange offers for a consumer honest services by ways of securing ChexSystems employees job performances or consumers documentations away from their unethical misconducts when ChexSystemss employees had unlawfully, intentionally, deliberately, knowingly and willfully participated or allowed into a said trafficking of false or actual consumers : identification documents, authentication features, or personal identification cards for the use in false : personations, identification documents, means of identifications, document making implements, or ChexSystems employees or consumers who [ m ] had subscribed by a fictitious name and intentionally forged my signatures onto an official notarized instruments by ways of those collections of a [ n ] : Powers of Attorney, Affidavits or Waived Rights documents. \nAnd, ChexSystems employees or consumers who [ m ] had subscribed by a fictitious name and intentionally executed those notarized instruments or waived rights documents without my : authorizations, consents, acknowledgements or knowingly and willfully participations into a said forged or fraudulent notarized instruments or waived rights documents conspiracies without my lawful authority pursuant to Title 18 U.S.C. 1028 ( relates to Fraud and related activity in connection with identification documents, authentication features, and information ). Therefore, ChexSystems employees or consumers who [ m ] had breached their nongovernmental entity fiduciary duties in honest services agreements or contracts against my actual identification documents, authentication features and personal identification cards such as, my driver license, passport, social security card, online Federal accounts, and other authentication features instruments. And, I am forced into a compulsory condition of servitude under the Thirteenth ( 13th ) Amendment because the assailant with a fictitious, similar, or an exact name, as my [ full ] legal name who is intentionally trafficking in identification problems are ascribing into our societal politics his/her personal beliefs, ideologies, dogmas or problems to be unlawfully allowed, assigned, advocated, granted, and permitted to coexist, cohabitate, or share the same exact ChexSystems disclosure file account, with me, or as me without an assailant legal proof or evidence is in violation of the Fair Credit Reporting Act, Title 15 U.S.C. 1681 and, acting under the color of law, Title 42 U.S.C. 1983 ( relates to the Civil Action for Deprivation of Rights ). \n\nNow, I am forced or compelled to write a ChexSystems disputes complaint because I do not write personal checks anymore, and I will use my personal debit cards for transactional purposes and, my personal institutional bank has a feature where I can write personal checks into my online bank account and my online personal bank account will generate a personal check number and the online generated bank check number system will disburse the check to the recipient on my behalf. Furthermore, I had not written a personal check since, XXXX.","date_sent_to_company":"2021-04-28T04:51:21.000Z","issue":"Incorrect information on your report","sub_product":"Other personal consumer report","zip_code":"58103","tags":null,"has_narrative":true,"complaint_id":"4332890","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fidelity National Information Services, Inc. (FNIS)","date_received":"2021-04-28T00:40:10.000Z","state":"ND","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Personal information incorrect"},"highlight":{"complaint_what_happened":["And, I had filed an official dispute dated on XX/XX/XXXX XXXX Monday XXXX, in regard to an assailant with a fictitious, similar, or an exact name, as my [ full ] legal name XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX : who had <em>unlawfully</em> written [ bad ] personal checks, or who had <em>unlawfully</em> cashed his/her checks using my personal identifiable information or PII such as, social <em>security</em> number <em>without</em> my <em>lawful</em> <em>authorities</em>, or who had <em>unlawfully</em> and <em>intentionally</em> <em>changed</em> his or her legal"]},"sort":[23.905588,"4332890"]},{"_index":"complaint-public-v1","_id":"7053123","_score":19.93823,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XX/XX/2023 Subject : Unlawful Access and Misuse of XXXX XXXX XXXX 's Online Experian Credit Reports Dear Sir or Madam, I am writing to bring to your attention a distressing incident involving the unlawful access and misuse of my Experian credit reports. On XX/XX/2023, at approximately XXXX XXXX, I discovered that an individual or group, likely using a [ n ] fictitious, similar, or exact names and/or one or more of them has changed their legal name to match mine, XXXX XXXX XXXX XXXX XXXX had intentionally, knowingly, and willfully gained unauthorized access to my online Experian credit file account. This intentionally and repeatedly unauthorized access occurred on several occasions, specifically dated on XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, and XX/XX/2023. The fictitious, similar, or exact name individuals has obtained my login Personal Identifiable Information ( PII ), including my email address, password, and cellular phone two-steps authentication codes ( received via SMS text messages ), and subsequently deleted these text messages from my XXXX XXXX Messages App, leaving no trace my online Experian credit file account had been compromised. Please refer to Exhibit A for evidence. \n\nTo substantiate my claims, I have maintained a written logbook of my online Experian credit file account activities. Although, I had accessed my online Experian credit file account dated on XX/XX/2023, XX/XX/2023, and XX/XX/2023, for the sole purpose of printing out my Experian credit reports, I had noticed one discrepancy. The Experian credit report generated on XX/XX/2023, is missing from the list displayed dropdown menu within my online Experian credit file account which is particularly notable. However, I possess a printed copy of the missing Experian credit report unlisted from that date ( XX/XX/2023 ). Please refer to Exhibit B for evidence. This discrepancy confirms that the fictitious, similar, or exact name individuals had unlawful accesses to my online Experian credit file account and generated my online Experian credit reports dated on XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, and XX/XX/2023, without my lawful authorities. Therefore, I have conclusive evidence of the fictitious, similar, or exact name individuals unauthorized and intentional nature of their actions against my online Experian credit file account. \n\nI want to emphasize that I have taken extensive precautions to safeguard my online Experian credit file account. I have regularly cleared my browser data daily in order to prevent unauthorized tampering, refrain from sharing my files with anyone, and abstain from signing any official notarized instruments, including power of attorney, affidavits, or waivers of rights, with anyone person even family members. Despite these measures, the fictitious, similar, or exact name individuals have deliberately targeted, threatened, harassed, and hacked into my computer devices, asserting their ownership and property rights over my personal identification documents, authentication features, identification cards and online Experian credit file account. \n\nThe fictitious, similar, or exact name individuals who have assumed my full legal name, XXXX XXXX XXXX, unlawfully obtained, accessed, allocated, allowed, assigned, advocated, granted, permitted, and disseminated my online Experian credit reports through an enabler ( s ) who, in turn, believed the psychological gaslighting tactics employed by the fictitious, similar, or exact name individuals. These enablers have employed backdoor identity theft methods or schemes, with the intention of controlling my life by using my online Experian credit reports for fraudulent activities, without any legal proof, evidence, or due process of the law. Their actions resemble those of vigilantes, denying me the protection of the law and suggesting that I have stolen my own identity from individuals of XXXX or XXXX descent or from a XX/XX/XXXX individuals, all without due process of the law. \n\nIt is evident that the fictitious, similar, or exact name individuals purpose behind these unauthorized accesses actions were to obtain hard copies of my online Experian credit reports, which the fictitious, similar, or exact name individuals intended to use for their own benefit without my consent, acknowledgement, and lawful authority. This constitutes consumer fraud, as the fictitious, similar, or exact name individuals have fraudulently presented my Experian credit reports to various governmental and non-governmental entities, such as for : apartment rental opportunities, employment opportunities, vehicle purchases opportunities, banking institutions ( in order to open bank accounts ), post educational institutions ( for applicability of admission acceptance into colleges and universities ), and contractual lease agreements. \n\nBy providing these various governmental and non-governmental entities with my online Experian credit reports without my lawful authorities, the fictitious, similar, or exact name individuals have committed acts that violates my Constitutional or Civil Rights.\n\nThese actions have violated my fundamental rights in several ways : 1. The fictitious, similar, or exact name individuals have infringed upon my guaranteed protection rights, such as the right to be secure in my person, apartment, papers, and effects against unreasonable searches, seizures, or intentional damages.\n\n2. The fictitious, similar, or exact name individuals have encroached upon my life, liberty, property, and pursuit of happiness rights.\n\n3. The fictitious, similar, or exact name individuals have deprived me of my rights to be informed of the nature and cause of accusations, as well as the right to confront witnesses against me.\n\n4. The fictitious, similar, or exact name individuals have enforced involuntary conditions of servitude against my personal identification goods, documents, authentication features, identification cards, and online Experian credit file account.\n\n5. The fictitious, similar, or exact name individuals have violated my equal protection rights.\n\nIn order to prevent such incidents in the future, I strongly recommend that Experian to implement security measures for users login credentials such as, the implementations of security keys, password encryption using programming technologies such as, Express Session and Passport ( e.g., XXXX or XXXX Libraries in Node JavaScript language ) instead of storing users passwords in plain texts within Experian database, would greatly enhance the protection of users Experian accounts and could prove beneficial in this regards. \n\nI kindly request your immediate attention and a thorough investigation into these distressing incidents of identity theft involving my online Experian credit reports. It is imperative that the responsible individuals are identified, held accountable for their actions, and appropriate measures are taken to ensure my safety, privacy, and the restoration of my rights. Any assistance and support you can provide in resolving these urgent matters would be greatly appreciated. Please contact me at my email address at your earliest convenience. \n\nThank you for your prompt attention to this serious issue. I eagerly await your response and decisive action. \n\nRespectfully, XXXX XXXX XXXX XXXX XXXX : XX/XX/2023XX/XX/2023","date_sent_to_company":"2023-05-31T18:50:02.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"58103","tags":null,"has_narrative":true,"complaint_id":"7053123","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-05-31T18:35:39.000Z","state":"ND","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["This discrepancy confirms that the fictitious, similar, or exact name individuals had <em>unlawful</em> accesses to my online Experian credit file account and generated my online Experian credit reports dated on XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, XX/XX/2023, and XX/XX/2023, <em>without</em> my <em>lawful</em> <em>authorities</em>."]},"sort":[19.93823,"7053123"]},{"_index":"complaint-public-v1","_id":"7307994","_score":18.622606,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This is for Experian FYI only not an official complaint. \n\nDear Sir or Madam : I am writing to bring to your attention a serious matter I had encountered with XXXX XXXX ( XXXX ) devices dated on XX/XX/XXXX. My name is XXXX XXXX XXXX, and I am filing this complaint, as the affected individual ( the Complainant ). I had picked up my new XXXX XXXX ( XXXX ) devices which includes one XXXXXXXX XXXX with XXXX WI-FI pod extenders. These devices are connected to the downloaded XXXX web application onto my smartphone to facilitate their initializations of those WI-FI pod extenders connectivity and monitor their functionalities through internet Bluetooth connectivity from the web application from my smartphone. \n\nUnfortunately, after setting up the XXXX XXXX XXXX  XXXX account devices with the assistance of a XXXX telephone representative, I had noticed some issues. Although, all lights on to the XXXXXXXX XXXX ( power, DS, XXXX, and Online ) are green, the XXXX which continuously flashed an orange-red color without turning into a green flashing color, and the XXXX XXXX modem from any human touch is extremely hot. \n\nAnd, the legal reasons, why I had updated my previous XXXX XXXX modem to the new XXXX XXXXXXXX XXXX with the two WI-FI pod extenders because I was experiencing serious hacking problems with the XXXX XXXX  XXXX XXXX which, computer hackers had unlawfully accessed and connected to my registered Midcos XXXX XXXXXXXX XXXX accounts password, pin number and serial number by an individual or a collective of persons who have used a [ n ] fictitious, similar, or identical names, and in some instances have even changed their own legal names to match my [ full ] legal name in order to steal my computer devices folders documentations, and to unlawfully hacked into my online web applications accounts to print out my three credit bureaus credit file reports without my legal acknowledgements, consents or authorizations. Therefore, these deliberate and willful actions from the persons who [ m ] have unlawful subscribed by a [ n ] fictitious, similar, or identical named to match to my legal name had unlawful gain unauthorized accesses to my registered XXXX XXXX XXXX XXXX ( XXXX ) previous XXXX and current XXXX XXXX XXXXXXXX account details which were solicited by them ; in order for the fictitious, similar, or identical named persons to coexisted, cohabitated or shared my registered XXXX XXXX  previous XXXX and current XXXX XXXX XXXXXXXX networks with them. This resulted to my identity thefts and significant consumer fraud issues, all without my lawful authorities. \n\nMore recently, on XX/XX/XXXX, I had noticed and experienced from my downloaded XXXX XXXX XXXX web application account network that a [ n ] fictitious, similar, or identical named persons who match to my legal name had unlawfully gained accesses to my other apartments smartphone hubs web applications. And, they interfered, tampered, changed, and altered with the settings of my apartments cameras, smart plugs, sensors, and phone features, even though, I had already configured those features. This unauthorized access to my smartphone hub web applications could only have occur through XXXX employee [ s ] who had intentionally, knowingly, and willfully allowed those persons who [ m ] had subscribed by ways of a [ n ] fictitious, similar, or identical named to match my legal name to gain unlawful accesses to my XXXXXXXX XXXX XXXX XXXX  XXXX account network. This breach of security resulted in my identity thefts of my secure private online information, possibly for illicit exchange for money. \n\nWhen I had contacted XXXX customer service representative or agent yesterday ( XX/XX/XXXX ), the Midcos customer service representative or agent named XXXX and I was informed by XXXX that there are XXXX different networks connected to my XXXX network. It is evident that XXXX employee [ s ] have abused and used their own login credentials to perform his/her unlawful activities against my XXXX XXXX XXXX XXXX account network, and XXXX employee [ s ] conducts had violated XXXX customer privacy policy against obtaining my database information for non-Midco investigative, analysis and update purposes. Therefore, XXXX employee [ s ] unlawfully exceeds authorized access clause under the Federal Computer Fraud and Abuse Act of 1986 ( CFAA ) because the XXXX employee [ s ] first had intentionally accesses to my personal computers devices through XXXX XXXX XXXX XXXX XXXX system without authorization or exceeds authorization access clause applies only to those XXXX employee [ s ] who obtain my personal information to which their XXXX  computer devices accesses does not extend, and second, when the XXXX employee [ s ] exceed authorized access by accessing my personal computer devices with authorization and then XXXX employee [ s ] unlawfully obtaining my XXXX account network information was/were not entitled so to obtain. See Title 18 U.S.C. 1030 ( a ) ( 2 ) and ( e ) ( 6 ).","date_sent_to_company":"2023-07-26T23:29:38.000Z","issue":"Improper use of your report","sub_product":"Other personal consumer report","zip_code":"58103","tags":null,"has_narrative":true,"complaint_id":"7307994","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-07-26T23:22:36.000Z","state":"ND","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["This resulted to my identity thefts and significant consumer fraud issues, all <em>without</em> my <em>lawful</em> <em>authorities</em>. \n\nMore recently, on XX/XX/XXXX, I had noticed and experienced from my downloaded XXXX XXXX XXXX web application account network that a [ n ] fictitious, similar, or identical named persons who match to my legal name had <em>unlawfully</em> gained accesses to my other apartments smartphone hubs web applications."]},"sort":[18.622606,"7307994"]},{"_index":"complaint-public-v1","_id":"4301524","_score":17.779058,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Dear Sir or Madam : On XX/XX/XXXX, ( a Tuesday morning ) I, XXXX XXXX XXXX XXXX Complainant ) had contacted the Equifax Information Services LLC XXXX Equifax XXXX XXXX representative from their customer service number, XXXX at approximately XXXX ; in order to add a new dispute for which, my former address, XXXX XXXX XXXX XXXX Apartment Number : XXXX, in the City of XXXX XXXX in the State of Illinois and in the zip code area of XXXX was unlawfully dropped/deleted from my Equifax credit file report in my Former Status section address dated on XX/XX/XXXX XXXX see exhibit A ) without my lawful authority. Nor, have I received, any text dropped/deleted message notifications alert from Equifax for the change in my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX ) stated herein. And, I was prompt by ways of the Equifax XXXX prompt instructions to enter, my XXXX ( XXXX ) personal verifiable information and, answers, my XXXX ( XXXX ) verification questions for which, I had answered all, my verifiable questions correctly ; in order for, I to proceed with a live Equifax telephone representative on my XXXX ( XXXX ) telephone automation prompt call. And, I was connected with an Equifax XXXX telephone representative with a XXXX accent who had taken my call-in order to start a new Equifax dispute complaint and, the Equifax XXXX telephone representative with a XXXX accent kept on reiterating, insinuating, or implying that the Equifaxs computer system was Too Slow stated by him indirectly by ways of his hinting/suggesting that I am supposedly be a too slow of a person, or I am a XXXX XXXX XXXX XXXX. After, I had stated, why, I had wanted to start a new dispute because of my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX XXXX had either been deleted or dropped from my Equifax credit file account for no apparent reasons. And, I had stated to the Equifax XXXX XXXX representative with a foreign accent in which, I had explained, I had XXXX ( XXXX ) Equifax XXXX file reports for XXXX, the first ( XXXX ), report confirmation number as, XXXX ( see exhibit B ) dated on XX/XX/XXXX and, the second ( XXXX ), report confirmation number as, XXXX ( see exhibit C ), dated on XX/XX/XXXX, are proofs for which, Equifax had prior acknowledgments of my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX ) existence onto my Equifax credit file account from those prior XXXX confirmation reports, see exhibit B and C for evidences. Well, my call with the Equifax XXXX telephone representative with a XXXX  accent had been unlawfully disconnected in which, he had intentionally redirected my telephone call to a prompt instruction ; in order for me to answers XXXX ( XXXX ) Equifaxs questions about the Equifax XXXX telephone representative with a XXXX accent customer service performances without him completing our call in my dispute requests and, without the Equifax XXXX telephone representative with a XXXX  accent adding my new dispute ; in regards to my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX XXXX intentionally dropped/deleted without my legal authority. \nSo, I had decided to call Equifax telephone representative again, on a XXXX ( XXXX ) call from their Equifax customer services telephone number, XXXX automation voice prompts system. Now, I am extremely upset. I had answered, my XXXX ( XXXX ) personal information correctly then I was prompt to answers my XXXX ( XXXX ) verification questions for which, the XXXX ( XXXX ) Equifax telephone representative had claimed, I did not answer, my XXXX ( XXXX ) verification questions correctly in order for me to proceed with my new Equifax dispute requests. And, I do believe that the XXXX ( XXXX ) Equifax XXXX XXXX representative with a XXXX accent had unlawfully changed my XXXX ( XXXX ) verification questions without a lawful authority with his intent to block, hinder or impede me from filing a new dispute requests because he had intentionally disconnected our call and, the Equifax XXXX telephone representative with a XXXX  accent did not want to completed, my Equifax XXXX dispute requests to add back my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX ) complaint. Even though, I have evidence, my XXXX XXXX section address XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX XXXX had been acknowledged by Equifax onto my Equifax credit file reports dated on XX/XX/XXXX and XX/XX/XXXX. And, my call with the XXXX ( XXXX ) Equifax telephone representative was automatically disrupted or disconnected for no apparent reasons. So, I had decided to write a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) in conjunction with the CFPB acting, as a XXXX on the behalf of Equifax ; in order to add back my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX XXXX to my Equifax credit file account. \nIn addition, I had noticed onto my Equifax credit file report dated on XX/XX/XXXX in the Consumer Statements section has sentence structures with written grammatical errors as stated : I have sent Equifax by certified mail ( # IS XXXX XXXX XXXX XXXX XXXX ) a copy of my social security card and utility bill for the change of address my Equifax credit file. The confirmation # XXXX still displays the incorrect address, XXXX XXXX XXXX XXXX XXXX XXXX XXXX in preference to XXXX XXXX XXXX XXXX XXXX XXXX XXXX in XXXX Illinois XXXX, I have already sent you, confirm copy of my change of address. XXXX XXXX Exhibit D ). \nAnd, If Equifax review, my exhibit XXXX documentations than Equifax will discover, my official letter written on XX/XX/XXXX in conjunction with my United States Postal Service XXXX XXXX XXXX receipt number, XXXX dated on XX/XX/XXXX along with my XXXX certified mail letter receipt number, XXXX XXXX XXXX XXXX XXXX and XXXX my USPSs Equifax return green card receipt number, XXXX XXXX XXXX XXXX XXXX XXXX signed by an Equifaxs employee name, XXXX XXXX XXXX XXXX dated on XX/XX/XXXX, was evidence which Equifax had acknowledged, my XXXX certified mail letter, I had officially sent them. And, I would not have constructed, my Equifax credit file account XXXX XXXX section notes dated on XX/XX/XXXX, with so much misleading information including sentence structures with written grammatical errors for a change of address notification. \nIn addition, a plausible or reasonable explanation for which, the [ XXXX ] assailant [ s ] with a [ n ] fictitious, similar, or exact name [ s ] who had unlawfully traffic in false or authenticate features or used in false identification document had legally changed his/her name. In order to matched, linked, mapped, or connected to my [ full ] legal name ( XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX ) with the [ XXXX ] XXXX [ XXXX ] who has a XXXX aforethought in a XXXX XXXX XXXX [ XXXX ] to XXXX, changed, XXXX XXXX, managed or XXXX, my Equifax credit file account without any legitimate proof or evidence is highly probable those unlawful changes were XXXX onto my Equifax credit file account by means of the [ XXXX ] XXXX [ XXXX ] with a [ XXXX ] fictitious, similar, or exact name [ XXXX XXXX, as mine. In which, I am forced/compelled to write a new disputes complaint because of the [ XXXX ] XXXX [ XXXX ] with a [ XXXX ] XXXX, similar, or exact name [ XXXX XXXX, as mine for which, the [ XXXX ] XXXX [ XXXX ] had XXXX XXXX XXXX XXXX XXXX from my Equifax credit file account, my Former Status section address ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Illinois, XXXX ) and, the [ XXXX ] XXXX  XXXX XXXX ] had XXXX XXXX XXXX XXXX XXXX, my Equifax credit file account XXXX XXXX section notes with his/her intent to displays written misinformation in conjunction with displaying my sentence structures with written grammatical errors for which, I did not write on XX/XX/XXXX. Now, I am experiencing indirect XXXX  onto my Equifax credit file account from the [ XXXX ] XXXX XXXX XXXX ] with a [ XXXX ] fictitious, similar, or exact name XXXX XXXX ] identification trafficking problems. And, my XXXX XXXX section notes would have been written on or about XX/XX/XXXX not dated on XX/XX/XXXX. Therefore, my Consumer Statements notes section would have been written after, I had sent, Equifax my certified letter in conjunction with my other documentations by way of the XXXX jurisdiction.","date_sent_to_company":"2021-04-16T05:19:32.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"58103","tags":null,"has_narrative":true,"complaint_id":"4301524","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-04-16T01:09:17.000Z","state":"ND","company_public_response":null,"sub_issue":"Information is missing that should be on the report"},"highlight":{"complaint_what_happened":["in my Former Status section address dated on XX/XX/XXXX XXXX see exhibit A ) <em>without</em> my <em>lawful</em> <em>authority</em>."]},"sort":[17.779058,"4301524"]},{"_index":"complaint-public-v1","_id":"5738293","_score":17.257156,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX Dear Sir and Madam : I, XXXX XXXX XXXX ( Complainant ) had attempted on a few occasions to login into my online official Trans Union LLC ( TransUnion ) Credit Monitoring account web application for which, I have a monthly payment subscription fee of {$19.00} per month ; in order for me to retrieve my monthly billing statements ( See Exhibit A ), credit scores and credit file reports. However, after, I had attempted to login into my online official TransUnions Credit Monitoring account web application twice then I had received an error messages for each login attempts dated on XX/XX/XXXX. Afterward, when I had tried to login into my online official TransUnions Credit Monitoring account web application for which, I have had for more than three decades. Now, my online official TransUnions Credit Monitoring account web application has been unlawfully and temporarily suspended without me receiving any online official alerts or notifications to why, TransUnion had unlawfully and temporarily suspended my online official TransUnions Credit Monitoring account web application sent to my personal email account, XXXX are as follows : Credit Monitoring Just Keeping you in the know. \n\nDear XXXX, In order to protect your privacy, weve temporarily suspended access to your account because we were unable to validate your information. See Exhibit B1 at XXXX and Exhibit B2 at XXXX. \n\nSo, I had decided to contact TransUnions telephone customer service representative by ways of their telephone number, XXXX then the TransUnion voice prompt have me to verify my identity with three questions for which, one of those question had been intentionally and falsely misrepresented my [ full ] legal name, as XXXX XXXX ( for which, XXXX XXXX is not my legal name, my legal name is XXXX XXXX XXXX XXXX. And I was forced to select the correct answer to what state did XXXX XXXX lived in which is/was unlawfully, intentionally, knowingly, and willfully matched, mapped, linked, or connected to my authentic Personal identifier Information ( PII ) which is either, matched, mapped, linked, or connected to my online official TransUnions Credit Monitoring account number web application. When TransUnions employee [ s ] had unlawfully, intentionally, knowingly, and willfully known that/those person [ s ] who had subscribed by a fictitious name [ s ] without proof or evidence was/were allowed by TransUnions employee [ s ] which had allowed that/those fictitious named person [ s ] to gain unlawfully accesses to my online official TransUnions Credit Monitoring account web application for no apparent reasons. In which, I had selected none of the above for my question answer from the voice telephone prompt, as my selected option choice. \n\nAfter, I had successfully answered TransUnion three prompt verification questions then I was telephone connected to the TransUnions telephone representative named, XXXX XXXX XXXX ) who had not successfully helped me to retrieve my online official TransUnions Credit Monitoring account web application. After, I had legally verified my [ full ] name, date of birth, address, and telephone number to XXXX from our telephone communications with one another. However, I had refused to give XXXX my full social security number over our telephone call communications, but I did provide XXXX with my last four digits of my social security number ; in order for me to reclaim legal accesses to my online official TransUnions Credit Monitoring account number web application. Also, I had explained or communicated to XXXX, I had not made any login typing errors into either the username or password fields because I had always successfully logged into my online official TransUnions Credit Monitoring account web application. Since, I had legally changed my password dated on XX/XX/XXXX, and the last time, I had successfully logged into my online official TransUnions Credit Monitoring account web application dated on XX/XX/XXXX. However, XXXX had persisted and falsely accused me of causing my temporarily suspension to my online official TransUnions Credit Monitoring account web application after three attempts when I had only made two attempts in which the evidence were sent to my personal email account, XXXX that shown my online official TransUnions Credit Monitoring account web application was already temporarily suspended prior to me attempting to login into my online official TransUnions Credit Monitoring account web application. See Exhibits B1 and B2. \n\nSo, XXXX had stated, she can reset my online official TransUnions Credit Monitoring account web application by sending me a temporary password to my personal email account, XXXX and using my username. In order for me to login into my online official TransUnions Credit Monitoring account web application which had presented five unsuccessful login attempts that always had resulted in a TransUnion system generated email message sent to my personal email address, XXXX which had stated, my online official TransUnions Credit Monitoring account web application was still temporarily suspended from XXXX instructions are as follows : 1. XXXX had sent me the temporary password, XXXX to my email account, XXXX at XXXX, see exhibit C1 then 2. I had received an email message to my email address, XXXX that my online official TransUnions Credit Monitoring account web application is still temporarily suspended at XXXX. See Exhibit C2.\n\n3. XXXX had to reset my online official TransUnions Credit Monitoring account web application a 2nd time then I was told by XXXX to reenter the same temporary password, XXXX sent to my email address, XXXX into the TransUnion login webpage again then 4. I had received the 2nd email message to my email address, XXXX that my online official TransUnions Credit Monitoring account web application is still temporarily suspended at XXXX. See Exhibit C3. \nXXXX. XXXX had to reset my online official TransUnions Credit Monitoring account web application a 3rd time then I was told by XXXX to reenter the same temporary password, XXXX sent to my email address, XXXX into the TransUnion login webpage again then 6. I had received the 3rd email message to my email address, XXXX that my online official TransUnions Credit Monitoring account web application is still temporarily suspended at XXXX. See Exhibit C4. \nXXXX. XXXX had to reset my online official TransUnions Credit Monitoring account web application a 4th time then I was told by XXXX to reenter the same temporary password, XXXX sent to my email address, XXXX into the TransUnion login webpage again then 8. I had received the 4th email message to my email address, XXXX that my online official TransUnions Credit Monitoring account web application is still temporarily suspended at XXXX. See Exhibit C5. \nXXXX. XXXX had to reset my online official TransUnions Credit Monitoring account web application a 5th time then I was told by XXXX to reenter the same temporary password, XXXX sent to my email address, XXXX into the TransUnion login webpage again then 10. I had received the 5th email message to my email address, XXXX that my online official TransUnions Credit Monitoring account web application is still temporarily suspended at XXXX. See Exhibit C6. \n\nAfter, all my attempts to regain legal access to my online official TransUnions Credit Monitoring account web application through TransUnions login webpage than I had requested to XXXX to transfer my telephone call to the TransUnion customer service representatives manager. However, before XXXX had transferred my TransUnion telephone call to the customer services representatives manager than XXXX had stated, I HATE TALKING TO YOU XXXX. So, I had responded to XXXX who had utilized or used her narrative oratorial piece or speech with added XXXX epithet phases on our telephone call communications with one another than I had stated in a form of a question to XXXX, what did you say to me then XXXX had quickly transferred my telephone call to her TransUnion customer service representatives manager without her answering my question only she had repeatedly saying I am trying to help you while XXXX was transferring my telephone call to her TransUnion customer service representatives manager. \n\nSubsequently, I was transferred to the TransUnion customer service representatives manager named XXXX XXXX XXXX ) who also had wanted me to verify my identity over our telephone call communications, and I had provided to XXXX with my appropriate PII except for my full social security number to which, I had only provided to XXXX in our telephone communications with one another. My last four digits of my social security number for verification. And, XXXX had started to investigate into why, I could not login into my online official TransUnions Credit Monitoring account web application which was unlawfully and temporarily suspended problems without me receiving any legal petition, summon or court order from Transunions for their Prima-Facie evidence premises problems for that/those person [ s ] who had subscribed by a fictitious name [ s ] without proof or evidence representations from any judiciary court system. In who actual own my TransUnions Credit Monitoring hard and soft account, and to why my online official TransUnions Credit Monitoring account web application was unlawfully and temporarily suspended was most likely based on a Bad Man Theory legal Prima-Facie premises were subscribed by a [ n ] fictitious, similar, or exact name [ s ] person [ s ] who had intentionally changed his/her legal name [ s ] to my [ full ] legal name ( XXXX XXXX XXXX or XXXX XXXX who [ m ] has/had unlawfully, intentionally, knowingly, and willfully trafficked in false or actual identification documents, authentication features or identification cards properties by means of negligent, false, and fraudulent misrepresentations statements to TransUnion ; in order to gain unlawful accesses to my TransUnion Credit File Account and Report without my lawful authority. And, XXXX did not know why, I could not login into my online official TransUnions Credit Monitoring account web application. \n\nIn addition, XXXX had sent me a temporary password, XXXX to my personal email account, XXXX at XXXX, see exhibit D1 then I had received an email message to my email personal address, XXXX that my online official TransUnions Credit Monitoring account web application is still temporarily suspended at XXXX. See Exhibit D2. So, XXXX had told me to stay on our telephone call frequency while I am on hold, so, she can do more research and when XXXX had returned to my held telephone call left onto the hold position. And, XXXX had stated to me that my legal date of birth had been changed without me receiving any notification from TransUnions furnisher because TransUnion had supposedly has some type of technical programmatic coding problems with their system which had caused them to have online TransUnions Credit Monitoring services product problems. Therefore, XXXX had provided me with a case number, XXXX then XXXX had stated to me that I should receive a telephone call from their technical support department within seventy-two hours with regards to my online official TransUnions Credit Monitoring account web application being temporarily suspended problems and my telephone call communication with XXXX, the TransUnion customer service representatives manager had ended at approximately XXXX dated on XX/XX/XXXX. \n\nAs a results, it had been more than two-hundred and sixty-four ( 264 ) hours or eleven ( 11 ) days, since, I had verbalized my legal complaint to TransUnions customer service representative ( XXXX ) and her manager ( XXXX ) with respect to my online official TransUnions Credit Monitoring account web application being unlawfully and temporarily suspended problems. And, as of todays XX/XX/XXXX, I had not received any telephone call from TransUnion. \n\nAfterward, I had immediately ordered, my Transunion Credit File Report hardcopy by ways of the Free Annual Credit Report from their prompt messages instructions telephone toll-free number at XXXX was successfully submitted dated on XX/XX/XXXX. And, on XX/XX/XXXX, I had received from the United States Postal Service ( USPS ) informed delivery, the photograph image of my TransUnions envelope sent to my personal email address, XXXX that I will received into my residential mailbox number, XXXX. See Exhibit E. And, on XX/XX/XXXX, I had gone to the common area foyer which is in my apartment building ; in order for me to retrieve my mail letters items from my residential mailbox number, XXXX including the TransUnions letter envelope. However, as, I had reached the 2nd floor to my apartment unit, XXXX, one of my tenant with a male voice had shouted through his apartment unit door or walls and said, WE NEED A COPY OF YOUR SOCIAL SECURITY CARD AND YOU WILL EVENTUALLY FIND OUT THAT TRANSUNION LETTER IS FAKE AND SUBSTITUTED FOR THE ORIGINAL TRANSUNION CREDIT REPORT. So, when I had returned to my apartment unit XXXX, I had immediately opened my TransUnion letter sent by ways of the USPS facilities jurisdiction ( see Exhibits F1 and F2 ) for which, I had thought my TransUnion letter was my weekly Free Annual Credit Report. I had ordered from TransUnion through their telephone toll free number, but normally, I will order, my TransUnion credit reports through their Annual Credit Report online website than I would printout a copy to my printer, as an official copy. Instead, I had received a fraudulent letter from a fictitious person or party claiming to be TransUnion in which, the TransUnions letter appears authentic when it is not authentic TransUnions letter indicating TransUnion needed Proof of my Social Security Number, as my neighbor had actual stated herein, what was in the contextualized contents of the fraudulent TransUnions letter he had been correct. \n\nAs a result, I had immediately accessed my online TransUnions credit report dated on XX/XX/XXXX, at approximately XXXX then I had officially opened my TransUnions credit report online and I had printed out an official copy of my TransUnions credit report through the free weekly Annual Credit Report website. In order for me to verify the legitimacy of the fraudulent TransUnions letter which was sent to me by ways of the USPS jurisdictional facilities for requesting a copy of my social security card. Please keep in mind that TransUnions software system for their client-side and database that contains all debtors reported activities from the furnishers or parties must contain the same details. I have referred this, as the IT Developers website and database client and server sides compliance requirements of a matching principles application. In order words, the fraudulent TransUnion contextualized content details letter sent by ways of the USPS facilities jurisdiction should have matched to my online access of my TransUnions free weekly credit report database file, as an IT compliance matching principle requirements. And, the fraudulent TransUnions letter sent by ways of the USPS facilities jurisdiction to my residential mailbox, XXXX and my online official TransUnions Credit Monitoring account web application which was unlawfully and temporarily suspended did not match to my online TransUnions free weekly credit report database file. In which, I had officially printed out, my TransUnion credit report without any problems that should have indicated, my online TransUnion credit file account is temporarily suspended, as well, but it did not. Now, the fraudulent TransUnions letter in which, I had received into my residential mailbox number, XXXX is confirming my suspicion questions of the TransUnions letter actual legitimacy and authenticity or else, I would have received the same TransUnion temporarily suspended message from my online TransUnion free weekly Annual Credit File Report website. Therefore, the question remains who [ m ] is/are involved in the [ identity ] theft of my official and original TransUnions free weekly Annual Credit Report for which, I had ordered by ways of the TransUnion telephone toll-free number at XXXX dated on XX/XX/XXXX, which was unlawfully, intentionally, knowingly, and willfully substituted with a fraudulent TransUnions letter which was delivered to my residential mailbox number, XXXX by ways of the USPS facilities jurisdiction? \n\nIn XXXX, I had discovered similar problems with my old student loan debts for which, identity thieves had unlawfully, intentionally, knowingly, and willfully stolen approximately {$16000.00} from my personal bank checking account than sent me fraudulent United States, Department of Education ( USDoE ) confirmation letters through an official USPS facilities jurisdictions that my student loans payments were received and deducted from my student loans accounts from a fictitious named, person [ s ] or party [ ies ] claiming to be the USDoE from XXXX to XXXX, and those fictitious named, person [ s ] or party [ ies ] never paid my student loans bills. In which, those fraudulent letters also look like legitimate letters, and when I had verified my student loans account balances through the official online USDoE website, no principle or interest were never applied to my official student loans account that how I had discovered the mail and wire fraud problems against my economic stability and civil rights or liberty problems by ways of the USPS jurisdictional facilities from fraudulent debt collection problems. \n\nIn addition, I am extremely suspicious when I make any outwardly telephone calls such as, to the TransUnions customer services representative that my telephone calls are unlawfully and intentionally being intercepted by an unknown third parties which had pretended to be TransUnion who are involved in identity thefts methods or schemes because nothing never get resolved causing me to be inflicted with Human Rights problems against my own TransUnion credit file account from these intercepted telephone calls pretending to be TransUnion. And, I am forced to formally file a legal complaints to the CFPB in order to resolved my online TransUnions credit file account identity thefts problems by a fictitious named, person [ s ] or party [ ies ]. \n\nI am highly suspicious and unnerved from my continuous violations problems with either conspiracy against my rights or civil liberty rights problems or enforced compulsory conditions of servitude problems against my online TransUnions Credit Filed account, reports and scores within the USPS facilities jurisdictions. This also includes tenant [ s ] who lives at my XXXX XXXX XXXX complex who [ m ] have participated in a said collaborated efforts to steal my personal and official TransUnions Credit File Report [ s ] which [ may ] have been unlawfully replaced with the fraudulent TransUnions letter into my residential mailbox number, XXXX. In order to disguised unlawful identity thefts collaborated actions against me between the USPS employee [ s ] and XXXX XXXX XXXX tenants. In order for them to escape prosecutorial consequences in a XXXX XXXX XXXX applications which had applied unlawful, intentional, knowing and willful trafficking in false or actual identification documents, authentication features or identification cards properties without my lawful authorities in order for them to obtain forged rental apartment contractual agreements and/or employments using my authentic TransUnions credit reports sent by ways of the USPS facilities jurisdiction than substituting my authentic TransUnions credit reports with fraudulent letters. \n\nXXXX XXXX XXXX Legal Analysis of her Official TransUnions Online Credit Monitoring Account being Unlawfully and Temporarily Suspended in Violations of the FCRA are as follows : TransUnion is Withholding Notifications : Now, I am experiencing unlawful and temporarily suspension into my online official TransUnions Credit Monitoring account web application in accordance with the Fair Credit Reporting Act ( FCRA ), and I am legally entitled to know how my TransUnion credit file information is reported, handled, and used by TransUnion and their analytical team. In addition, TransUnion may be withholding legal notices of any fraudulent applied creditor [ s ] and PII modifications to my online official TransUnions Credit Monitoring account web application by ways of failing or refusing to send me those notifications of inaccuracies and negative credit information when it is used to make my credit decision for which, I had the rights to legally dispute, TransUnion. So, the bottom line is TransUnion is not letting me know how my online official TransUnions Credit Monitoring account web application is being used is a violation of the FCRA. \n\nTransUnion had Violated My Privacy Rights : TransUnion has/had violated my privacy right after, TransUnion had unlawfully handed over my online official TransUnions Credit Monitoring account web application either to : 1. a person [ s ] who had subscribed by a fictitious named, or 2. a person [ s ] who had unlawfully, intentionally, knowingly, and willfully changed his/her legal name [ s ] to my [ full ] legal name ( XXXX XXXX XXXX and/or XXXX ) XXXX in order for the fictitious named, person to gain unlawful accesses to my TransUnion Credit File Account, Reports and Scores , or 3. a person [ s ] who had unlawfully subscribed by a fictitious name [ s ] had unlawfully, intentionally, knowingly, and willfully forged my legal name and signature [ s ] onto an official or fraudulent notarized instrument [ s ] by ways of those collections of a [ n ] Powers of Attorney, Affidavits and/or Waived Rights documents without my lawful authorities. When the fictitious named, person [ s ] and/or party [ ies ] would not have any legal authorization and jurisdictions to my personal TransUnions credit file account, reports, and scores. And, if TransUnion had been found sharing my TransUnions credit file account, reports, and scores with an unauthorized person [ s ] or party [ ies ] than TransUnion had violated my protected rights to privacy under the FCRA. So, the bottom line is, only certain parties are entitled to my online official TransUnions Credit Monitoring account web application, and TransUnion who is providing my information to unauthorized person [ s ] or party [ ies ] had violated my legal rights to privacy under the FCRA. \nUnauthorized Parties are Requesting my TransUnion Credit File Reports for an Impermissible Purposes : TransUnion may have violated the FCRA, if TransUnion has/had supplied, my online official TransUnions Credit Monitoring account web application to a fictitious named, person [ s ] or party [ ies ] for impermissible purposes. What does impermissible purposes mean which would include an employer who had unlawfully pulled my TransUnion credit file information, reports, and scores without my written permissions and lawful authorities or a creditor had unlawfully pulled my TransUnion credit file information, reports, and scores to check on my current financial status for no provided reasons such as, a recent application for a new credit card that I had not authorized. So, the bottom line is, for that/those person [ s ] or party [ ies ] who had subscribed by a fictitious name [ s ] who had requested my TransUnions Credit file account information, reports and scores needed a valid reasons for doing so, and TransUnion may have not ensured a fictitious named, person [ s ] or party [ ies ] reasonings most likely has/had valid violated the FCRA. \n\nTransUnion Had Mixed My Online Official TransUnions Credit Monitoring Account with Another TransUnion Person : TransUnion has/had most likely mixed my online official TransUnions Credit Monitoring account web application with that of another TransUnions debtor [ s ] person who shared similar PII information, as my legal PII such as, my [ full ] legal name, date of birth, address, and social security number for which, my date of birth, address, and social security number should have not been duplicated because it is associated with my name and TransUnions Credit File Account only , and so on, and not with another TransUnions debtor [ s ] person [ s ]. However, if this have occurred under TransUnion legal jurisdiction than TransUnion had violated their obligations to report my accurate credit file information, reports, and scores about me. Furthermore, when I have submitted my legal dispute [ s ] to TransUnion regarding my online official TransUnions Credit Monitoring account web application which has been unlawfully and temporarily suspended without me receiving any online official alerts or notifications to why or accuracy questions than TransUnion must respond to my official telephone call communication [ s ] or online dispute [ s ] in a certain ways. In which, TransUnion must conduct a reasonable investigation of my disputes, modifications and correction that are found inaccurate information into my TransUnions Credit File Account information, and TransUnion must remove my disputed items from my TransUnions Credit File Account information, report, and score within thirty ( 30 ) to forty-five ( 45 ) days after receiving my dispute notification [ s ]. So, the bottom line is, TransUnion must respond to my TransUnions credit file account that was unlawfully and temporarily suspended dispute in a certain ways, and when TransUnion did not follow those procedures dated on XX/XX/XXXX, than TransUnion have violated the FCRA. \n\nTransUnion May Perhaps Furnishing and Reporting Inaccurate Information into My Online Official TransUnions Credit Monitoring Account : Much like credit card companies, TransUnion should not intentionally, knowingly, and willfully supply incorrect information into my online official TransUnions Credit Monitoring account web application than unlawfully and temporarily suspended my online official TransUnions Credit Monitoring account web application. In order for TransUnion to hide fraudulent activities and PII modifications that would have shown up into my TransUnions Credit File Account information. So, the bottom line is, TransUnion should have not given my TransUnions Credit File Account information for which, TransUnion should have known or knew is/are untrue or inaccurate. \n\nNow, I feel, as if, I am intentionally deprived from my intangible rights of a honest services to received my online official TransUnions Credit Monitoring account web application to which I have paid a monthly subscription without unwarranted searches, constant human practical errors or programmatic technical coding glitches, fallacies changes or modifications from a fictitious named, person [ s ] or party [ ies ] with no probable causes for TransUnion continuous interferences, hinderances or impediments of my online TransUnions credit file account legal jurisdictions which are protected by the FCRA. \n\nI have not legally or officially changed my full legal name, XXXX XXXX XXXX, social security number, and date of birth ( XX/XX/XXXX ) in any judiciary court system. So, why is my PII always coming up a problem with my online official TransUnions Credit Monitoring account web application monthly paid subscription? And, I had also attempted to retrieve my online official TransUnions Credit Monitoring account web application from the forgotten password webpage interactive feature when I had submitted my appropriate information into the input fields than the TransUnion forgotten password web page had returned to the original TransUnion forgotten password web page with an empty input fields, again.","date_sent_to_company":"2022-07-06T06:49:21.000Z","issue":"Improper use of your report","sub_product":"Other personal consumer report","zip_code":"58103","tags":null,"has_narrative":true,"complaint_id":"5738293","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-07-06T02:05:02.000Z","state":"ND","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>unlawful</em> accesses to my TransUnion Credit File Account, Reports and Scores , or 3. a person [ s ] who had <em>unlawfully</em> subscribed by a fictitious name [ s ] had <em>unlawfully</em>, <em>intentionally</em>, knowingly, and willfully forged my legal name and signature [ s ] onto an official or fraudulent notarized instrument [ s ] by ways of those collections of a [ n ] Powers of Attorney, Affidavits and/or Waived Rights documents <em>without</em> my <em>lawful</em> <em>authorities</em>."]},"sort":[17.257156,"5738293"]},{"_index":"complaint-public-v1","_id":"8822354","_score":15.933324,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX Experian ( Identity Theft and Fraud Department ) XXXX XXXX XXXX XXXX  TX. XXXX Regarding Experians already having concluded their CFPB review of complaints # s ( XXXX and # XXXX ) having not investigated all complaints and disputes as is defined in CFRA and by the CFPB, acting repeatedly in an unlawful, anti-regulatory, dishonorable, willfully and causing repeated substantial harm to my financial well-being. Further, Experian, out of the three not only was the only bureau to not make corrections and improve my scores, but rather dropped my score more, gave nonresponse, indifferent, almost nonsensical comments as to the outcome of the investigations for which they refused to provide. Their lacking is so transparent, negligent, and dishonorable that I am offering this CFPB complaint and report, clear evidence of how Experian, refuses to adhere to CFRA, that on each account, I can and will transparently, and without any reasonable explanation plausible, prove definitively that Experian is violating the rights of citizens, specifically me, without any regard for the CFPB, FTC, or FCRA. It is my belief, through the last five years of Experians actions, that they are acting in a retaliatory manner and intentionally, and under violations of my rights, seeking to cause continual and substantial harm. I am requesting the CFPB, the FTC, and the state of Tennessee, investigate the actions of Experian, and request any and all documents, actions, investigative processes, and information that was relied upon in summarily dismissing my complaints, reports, and disputes when the objective facts are so clearly discernable, their unlawful, anti-regulatory, and willfully neglectful intent to act in direct opposition to FCRA, the CFPB, and the FTC are of the worst measures. \n\n\n\n\nDear Sir or Madam, below is my first evidence and objectively derived information giving proof of Experians non-investigatory, dishonest, unlawful actions against me with obvious intent to create financial harm through the violation of my civil rights : I have been prior, and I am once again a victim of identity theft and fraud. The accounts, as well as their corresponding account numbers, the hard inquiries, and the personal information listed below, which appears on my credit report, have been formally reported to the FTC under ( reference # XXXX ) and ( reference # XXXX ) because of identity theft and fraudulent actions, I have been a victim of identity theft and fraudulent acts that are the direct cause and basis upon which this information should be immediately blocked. \nLastly, in due diligence and to evidence comprehensively the lack of any reasonable, lawful assertion or conclusion not immediately to block all accounts, hard inquiries, personal reports, and personal information listed here within, having further been identified through a formal report and complaint through the FTC as due to a victim of identity theft and fraud ; all of the accounts and information provided below were reported and filed under complaint ( s ) with the CFPB independent of, and without reliance upon the primary complaint and filing of the identity theft and fraud ; but also under violations of further regulatory, rules and guidelines***Briefly, and to evidence the significance of Experian summarily, repeatedly, and intentionally refusing under law, regulation, and guidelines to investigate ( as defined by the CFPB, not exclusive of and in independence of, take action to prevent undue financial harm ; instead supporting the furnishers unlawful actions. As of XXXX, at noon, both XXXX and XXXX reviewed and made corrections that dramatically changed my credit history, and scores, while Experian ( having many more accounts to review and investigate ), has completed with no changes and under unlawful, anti-regulatory not meeting the standards under FCRA, and in direct opposition to the requests of the CFPB complaints filed, and your duties as to process, adherence to FCRA laws, regulations, and subsections, and in proof which is offered below. \n\nXXXX*The following is an example, and evidence, of Experians failure repeatedly, willfully, and without any reasonably plausible explanation ; as to the inclusion of objective, credible, and honorable reliance upon law, regulation, or guidelines ; those federal agencies who have oversight authority and powers such as the FTC and the CFPB ; acts in direct opposition to the FCRA XXXX and instead openly engages in unlawful, dishonorable, and measures towards the destruction of the consumers protections and rights, and exemplifies non-adherence, disregard, and contempt for the lawmakers, the agencies, and their authority. Below, having already filed complaints with the CFPB on each, which you acknowledged receiving ; having filed an official report ( s ) for identity theft and fraud, for which you acknowledged receiving as well ; having mailed you through priority USPS signature receipt, the CFPB complaints on each account and account number, hard inquiry, personal information as to US Bankruptcy, etc., all of the FTC reports filed, all laws, regulations, and subsections pertinent, as well as all identification verification documents ; and having already noted three of the accounts, less than four days since all filings, Experian has already come to decisions, without investigation, without adherence to the FCRA, its requirements, and in complete noncompliance with laws, regulations, guidelines ; the federal government, federal agencies like the FTC and CFPB, and in either inequitable treatment of myself which has persisted for five years, or in comprehensive unlawful, willful, destructive practices. \n***Below is the first example of an account that ONLY EXPERIAN repeatedly failed to investigate, and acted unlawfully, inequitably, and willfully. The inquiries are those which had Experian not refused to respond, investigate, and inquire, I would not have suffered so substantially. \n1 ) XXXXXXXX XXXX account # XXXX, ( date opened XX/XX/XXXX, ) ( last status updated XX/XX/XXXX ), ( Credit Limit {$1500.00}, with a balance past due of {$3700.00} ). Shown as an account opened under one year, with a credit limit of {$1500.00} in which four consecutive large payments were made up to XXXX of XXXX, then without explanation, ( as indicated by both the Experian payment amount/date chart ), my balance skyrocketed to {$3700.00}, or 147 % above my actual credit limit. So, if Experian did a single investigation as required under FCRA, inclusive of disputes, on four separate periods, and to this very date responded to my detailed CFPB complaint in under five days by stating between XXXX of XXXX and XXXX of XXXX, your credit high limit was {$1500.00}. Thats it, a single comment which Experian respects the authority of the CFPB, and FCRA they blatantly throw out, which has XXXX relevance to the complaint ; and worse, precludes the material point which is past due balance which was {$3800.00} and speaks directly to the existence of incongruencies, a serious explanation as to the occurrence, and an immediate red flag for the need to investigate deeper, and as detailed under FCRA, actions beyond simple reliance on a furnishers statement. So, in five years, under repeated disputes, the initial reporting, and now a CFPB complaint, Experian did not, can not, answer one of the following questions which require no experience, just logic, and professionalism : A ) Did XXXX XXXX file a report with the FTC for identity theft and fraud which listed this exact account? Did XXXX XXXX file a police report, inclusive of this account of identity theft and fraud? \nB ) Did XXXX XXXX file an identity theft report, a police report, and was Experian notified, regarding the XXXX account, but multiple other accounts? Did Experian remove multiple other accounts from my credit report under identity theft within the same period? \nC ) Did both other major bureaus remove all accounts related to my identity theft and fraud report, inclusive of the XXXX account which was part of the FTC report? \nD ) Did Experian once in all their investigations during disputes, or XXXX account in one month, ( actually one day ), had a balance that was {$2200.00} beyond my credit limit, Experian felt was pertinent to this complaint, or 245 % the availed credit limit? \nXXXX ) Did Experian at any point, including during this complaint filed under the CFPB, given the substantial harm, the repeated disputes, and maybe some difference to CFRA, the CFPB, laws, and regulations just once investigate if this account was filed under identity theft and fraud? Did Experian even verify the actions of the other two bureaus, and why, regarding this account? \nF ) to the other bureaus, and as deemed Did Experian at least once investigate the standard of determining if multiple other accounts, during the very same period, were blocked, not just by other bureaus, but by Experian? \nG ) Did Experian, at any point in the last five years, do a ( proper investigation ), inclusive of the complaint Experian just received from the CFPB, that XXXX informed me would take a while to investigate properly, up to 30 days, and yet Experian states is complete and provides a statement which is not only irrelevant, but at worst, a statement when placed in proper context, supports further the need, but refusal, to investigate? \nH ) If requested, in similar standards meeting the standard as defined under CFRA, as well as under the authority of the CFPB, and FTC, Experian provides the details of each investigation over the last five years, under review as to date, time, means, and to what measure Experian could provide documentation, procedures, actions, and every measure taken for the intent of actually meeting FCRA, CFPB, and FTC standards? \nI ) If for the last five years, Experian was to be found wanting, willfully, dishonorably, unlawfully refusing to abide by the very standards of law, the government causing a permanently XXXX, or healthy, citizen substantial financial harm ; and by means of the consumer being capable of, without a single reasonable explanation plausible, evidence that this account was filed under identity theft and fraud with the FTC, police report, the actions of other bureaus and under what finding, etc., what would be the outcome? Further, if a consumer were also capable of showing repeated, numerous, substantially harmful under willful, intentional, unlawful, patterns and actions consistent in the measure of harm being imposed under your bureau 's refusal to acknowledge, abide by, or respect the laws, regulations, and agencies ; and provide evidence under such clarity, and if extrapolated, a violation of rights amongst specific segments of consumers, or just to the individual, what would be the outcome guidelines and protections that require the blocking, and/or deletion of those accounts. \n\n1 ) Please immediately block the provided accounts, personal negative reports, and all hard inquiries as listed in the enclosed formal complaints filed with the FTC as victims of identity theft and fraud. These accounts and information were already provided to you by the CFPB under complaint XXXX and XXXX, under different complaints and regulations, but not exclusive of the FTC complaints. \n2 ) My request for immediate blocking of this information from my credit report, pursuant to section 605B of the Fair Credit Reporting Act, and send the required notifications to all furnishers.\n\n3 ) Enclosed are the following : A copy of both my formal Identity Theft Reports, A copy of section 605B of the Fair Credit Reporting Act, which requires you to block the fraudulent information on my credit report resulting from Identity Theft within four business days and notify the furnishers of that information ; copies of my drivers license ( front and back ), my social security card ( front and back ), A copy of my bank statement for verification of address, a copy of my latest IRS filing for all verifications, and this copy of 3b ) Of my Identity Theft Letter and all the information contained here within, inclusive of C.F.P.B. complaint I.D.s, I am requesting further that Experian cease, or not act in what is seemingly in a retaliatory manner, nor an inequitable, unfair manner as to violations of my civil rights.","date_sent_to_company":"2024-04-21T23:23:00.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"38122","tags":null,"has_narrative":true,"complaint_id":"8822354","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-21T22:26:57.000Z","state":"TN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["As of XXXX, at noon, both XXXX and XXXX reviewed and made corrections that dramatically <em>changed</em> my credit history, and scores, while Experian ( having many more accounts to review and investigate ), has completed with no <em>changes</em> and under <em>unlawful</em>, anti-regulatory not meeting the standards under FCRA, and in direct opposition to the requests of the CFPB complaints filed, and your duties as to process, adherence to FCRA laws, regulations, and subsections, and in proof which is offered below."]},"sort":[15.933324,"8822354"]},{"_index":"complaint-public-v1","_id":"17822317","_score":15.752283,"_source":{"product":"Checking or savings account","complaint_what_happened":"Navy Federal Credit Union froze my personal savings account ending XXXX on XX/XX/year>, without notice, without a lawful basis, and without complying with XXXX XXXX or its own member communication standards. \nFor over XXXX months, Navy Federal withheld my funds, refused to provide required disclosures, and denied me access to my own money. \nOn or around XX/XX/year>, XXXX XXXX initiated unauthorized internal cashiers check management activity on my frozen account without my consent, without notice, and despite the account being frozen. \nI also called Navy Federal multiple times and representatives repeatedly told me to contact the originator of the funds, which was false, misleading, and legally improper. \n\nNavy Federal Repeatedly Told Me to Contact the Originator, Which Is Legally Improper Multiple Navy Federal representatives stated that I must contact the originator of the funds to resolve the freeze. \nThis was : factually false, legally incorrect, and a deceptive misrepresentation of how banking law works. \nThere is no third-party originator involved in my situation. Navy Federal already : accepted the deposit, credited it to my account, placed a freeze, and took full control and custody of the funds.\n\nOnce a deposit is accepted, Navy Federal alone is responsible for holds, freezes, or reversals. \nA. Privacy Law Violations ( XXXX & XXXX ) Directing me to an outside originator violates : GLBA prohibits implying that outside parties control or have information about my private account RFPA prohibits directing members to external parties for internal account matters XXXX XXXX Violation This instruction misled me about : who had authority, who was responsible, and how to resolve the issue. \nThis is a deceptive practice under 12 U.S.C. 5531 & 5536.\n\nPrivacy Law Violations Navy Federal violated federal privacy requirements by : implying that external parties had authority over my account, failing to keep member account information confidential, misdirecting me to unrelated third parties, failing to adhere to GLBA-required transparency and accuracy, refusing to communicate via the email address I designated. \nThis is inconsistent with GLBA, RFPA, and Navy Federals own published privacy commitments. \n\nViolations of Federal Banking Regulations A. REG CC Violations ( 12 CFR 229.10229.13 ) Navy Federal failed to provide : written reasons for the hold, legal basis for the freeze, any timeframe for release, any Reg CC-compliant disclosures, and instead performed unauthorized account actions.\n\nB. UDAAP Violations ( Unfair, Deceptive, Abusive Conduct ) Navy Federal engaged in : Unfair practices withholding access to essential funds without cause Deceptive practices misrepresenting that the issue involved a third-party originator Abusive practices exploiting its position to obscure internal decisions XXXX Unauthorized Account Activity The unauthorized cashiers check activity is a severe regulatory violation. \n\nRetaliation After My XXXX Release Demand On XX/XX/year>, I issued written notice giving Navy Federal XXXX XXXX to release the funds and correct the unlawful freeze. \nImmediately afterward, Navy Federal : escalated internal account actions, initiated unauthorized cashiers check procedures, generated contradictory internal messages, increased internal activity on the account. \nThe timing strongly indicates retaliation for asserting my legal rights, which is prohibited under UDAAP and NCUA fair-dealing expectations.\n\nTheft by Conversion and Unauthorized Use of Funds Navy Federals conduct satisfies the elements of theft by conversion : A. Unauthorized XXXX and XXXX XXXX funds were frozen without lawful authority. \nB. Unauthorized Internal Use ( Float Benefit ) Interest continued to accrue while I was denied access, meaning Navy Federal used my funds internally.\n\nC. Unauthorized Change in Form Navy Federal initiated cashiers check activity without my consent converting my deposit into a different instrument.\n\nD. Deprivation I have been denied access to my own funds for months.\n\nThis constitutes misappropriation and conversion under both federal consumer protection standards and state law.\n\nUnauthorized Cashiers Check Management Activity Navy Federal initiated cashiers check procedures despite : no authorization from me, no request from me, no notice to me, and the account being frozen. \nThis is not an internal coding error. \nIt is affirmative action on a members funds without consent. \nThis violates : XXXX XXXX XXXX standard banking practice member rights fiduciary duties under credit union governance law Failure to Provide XXXX Bond XXXX Information ( 12 CFR 713.1 ) On XX/XX/year>, I lawfully requested Navy Federals fidelity bond / crime coverage carrier, as permitted under 12 CFR 713.1. \nNavy Federal did not : provide the bond carrier, acknowledge the request, or comply with bonding transparency obligations.\n\nInstead, Navy Federal escalated adverse actions on my account.\n\nThis failure raises concerns regarding : lack of proper bonding, concealment of improper conduct, and systemic governance failures. \n\nAttempt to Circumvent My XXXX Deadline Navy Federals internal rush to create cashiers check activity and alter account status before my deadline expired suggests : avoidance of accountability, manipulation of internal records, an attempt to preempt a future complaint or dispute, and intentional circumvention of a lawful member notice. \nThis requires regulatory investigation. \n\nGovernance Violations 12 U.S.C. 1761b Under 12 U.S.C. 1761b, the Board of Directors of every Federal Credit Union including Navy Federal shall have the general direction and control of the affairs of the Federal credit union. \nThis means : account freezes, reversals, cashiers check creation, and deprivation of member access are XXXX affairs, requiring : board-approved policy, delegated authority, proper notice, and recorded oversight. \nNavy Federal has produced no evidence that : the XXXX authorized these actions, any policy permitted these actions, employees acted within lawful delegation, the XXXX was notified of member-impacting decisions. \nTherefore, these actions appear ultra vires taken outside legal authority and constitute a fiduciary breach at the institutional level. \nThis is extremely serious under NCUA governance law.\n\nSummary of All Violations Navy Federals actions include : Reg CC violations UDAAP violations GLBA violations RFPA violations Theft by conversion Unauthorized cashiers check activity Retaliation Governance violations under 1761b Failure to provide fidelity bond information Misrepresentation to the member Deprivation of funds for months This is not an isolated account issue. \nIt reflects systemic misconduct, failure of governance, and disregard for federal regulations. \n\nRefutation of Anticipated Defenses by Navy Federal Credit Union This addendum is submitted to proactively address and refute the most common defenses federally chartered credit unions assert in response to CFPB complaints. Based on my documented timeline and Navy Federal Credit Unions conduct, none of these anticipated defenses are valid, applicable, or supported by law.\n\n1. Anticipated Defense : Account was frozen for security or fraud review.\n\nRebuttal : 1. No Reg CC notice was provided at any time, which is mandatory for ANY freeze or hold.\n\n2. A security review can not lawfully last four months ; CFPB and NCUA guidance require timely resolution.\n\n3. Navy Federal initiated unauthorized cashiers check activity during the freeze, which contradicts any claim of a protective or fraud-based freeze.\n\n4. Multiple representatives told me to contact the originator, which is not part of any fraud-prevention protocol.\n\nA security freeze defense is inconsistent with the facts, timing, and sequence of events.\n\n2. Anticipated Defense : Cashiers check activity was a system error.\n\nRebuttal : 1. Cashiers check management can not initiate itself ; it requires manual employee action or authorization.\n\n2. The activity occurred immediately after I issued a formal XXXX notice demanding release of my funds. \n3. If it were an error, Navy Federal would have immediately reversed, corrected, or disclosed it none of which occurred.\n\n4. System errors do not selectively affect a single frozen account, nor do they appear at moments of member escalation.\n\nA system glitch explanation is factually impossible and contradicted by internal behavior patterns.\n\n3. Anticipated Defense : We properly advised the member to contact the originator.\n\nRebuttal : 1. There is no third-party originator involved ; Navy Federal already : o accepted the deposit, o credited it to the account, o froze the funds, and o assumed full custody.\n\n2. Under Reg CC, GLBA, RFPA, and standard banking practice, once funds are credited, the financial institution is solely responsible.\n\n3. Directing me to contact the originator is : o legally incorrect, o misleading, o a violation of GLBA privacy principles, and o a deceptive act under UDAAP.\n\nThis misrepresentation can not be justified under any lawful disclosure or internal policy.\n\n1. 4. Anticipated Defense : Funds remained under review for returnability.\n\nThis defense contradicts both law and internal transaction behavior.\n\nRebuttal : 1. No deposit can remain in review from XX/XX/XXXX through XX/XX/XXXX under any federal regulation.\n\n2. Reg CC requires strict hold timelines, none of which were followed.\n\n3. If Navy Federal believed the funds were returnable, it could not simultaneously initiate cashiers check activity.\n\n4. Navy Federal accepted and credited the deposit which means it was collected.\n\nThis defense contradicts both law and internal transaction behavior.\n\n5. Anticipated Defense : We are not required to provide XXXX bond XXXX information. \nRebuttal : 1. Under 12 CFR 713.1, every federal credit union must maintain and disclose fidelity bond and crime coverage for claim-related inquiries.\n\n2. This requirement applies specifically when member harm, misuse of funds, or potential conversion is alleged.\n\n3. Navy Federals refusal to disclose bond information is a compliance failure and signals a governance issue.\n\nThis defense can not withstand regulatory scrutiny.\n\n6. Anticipated Defense : No conversion occurred because no loss occurred. \nRebuttal : XXXX includes : unauthorized dominion, unauthorized use, unauthorized change in form, and deprivation, not just financial loss. \nNavy Federals conduct satisfies all elements : 1. Freeze without authority = unauthorized control 2. Accrued interest while denying access = unauthorized internal use 3. Initiating cashiers check activity = unauthorized conversion 4. Four-month deprivation = completed tort of conversion Loss is not required for liability.\n\n7. Anticipated Defense : We acted under Board-approved policy or delegated authority.\n\nRebuttal : Under 12 U.S.C. 1761b, the Board of Directors must : control all credit union affairs, approve all policies related to account freezes or reversals, authorize delegations of authority, and provide documented oversight.\n\nNavy Federal has not produced and can not produce any board-approved policy permitting : freezing member funds for months without notice, initiating cashiers check activity during a freeze, misdirecting members to external parties, refusing fidelity bond disclosure, or retaliating after member notices.\n\nThis renders the actions ultra vires outside legal authority.\n\n8. Anticipated Defense : No retaliation occurred.\n\nRebuttal : 1. Navy Federal escalated internal actions within hours of receiving my written XXXX notice. \n2. Retaliation is defined under XXXX as adverse action following a consumers assertion of rights. \n3. The temporal proximity is legally sufficient evidence and CFPB routinely treats such timing as indicative of retaliation. \nThey can not neutralize the timing evidence. \n9. Anticipated Defense : This was an internal operational issue, not a legal violation. \nRebuttal : This conduct violates : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX state conversion law standard banking practice contractual member rights This is not operational it is systemic, regulatory, and fiduciary. \nCONCLUSION This pre-rebuttal demonstrates that XXXX XXXX can not credibly assert : fraud freeze system error member misunderstanding procedural justification board policy XXXX review non-retaliatory intent XXXX defense fails under : the timeline, the documented facts, the unauthorized cashiers check activity, the refusal to disclose the fidelity bond, and the governing federal statutes. \nTherefore, the CFPB should treat this matter as a :","date_sent_to_company":"2025-12-08T08:10:38.000Z","issue":"Managing an account","sub_product":"Savings account","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"17822317","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2025-12-08T06:51:22.000Z","state":"NC","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["Unauthorized XXXX and XXXX XXXX funds were frozen <em>without</em> <em>lawful</em> <em>authority</em>. \nB. Unauthorized Internal Use ( Float Benefit ) Interest continued to accrue while I was denied access, meaning Navy Federal used my funds internally.\n\nC. Unauthorized <em>Change</em> in Form Navy Federal initiated cashiers check activity <em>without</em> my consent converting my deposit into a different instrument.\n\nD. Deprivation I have been denied access to my own funds for months."]},"sort":[15.752283,"17822317"]},{"_index":"complaint-public-v1","_id":"4616594","_score":12.556277,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Dear Sir or Madam : On XX/XX/XXXX ( on a Tuesday morning ) I, XXXX XXXX XXXX ( Complainant ) had lawfully checked, her Experian Information Solutions Inc ( Experian ) online credit file account and the Complainant had discovered onto her alert messages webpage that the Complainants Fair Isaac Corporation ( FICO ) version XXXX score had been unlawfully and intentionally changed and programmatically or manually manipulated were not purely reasonable procedures to ensure compliances in applying the Complainants FICO version XXXX score calculation from XXXX XXXX and XXXX ( XXXX ) points to XXXX ( XXXX ) points ; in order to significantly depressed and affected her FICO version XXXX score utilization ratio. See Exhibit A and Exhibit B. \n\nIn violations of the Fair Credit Reporting Act ( FCRA ) statutes are as follows : Title 15 U.S.C. 1681e, Compliance Procedures for reporting accuracies into the Complainant credit file account when the Complainant had legitimately, officially, and legally opened her XXXX XXXX XXXX secure credit card account with XXXX XXXX XXXX  dated on XX/XX/XXXX, which should have not been reported, as status closed by Experian and/or XXXX XXXX XXXX  when the Complainants XXXX XXXX XXXX  secure credit card ending in the account number, XXXX is opened. However, Experian had intentionally disclosed into the Complainant credit file account information section, as the status close when her XXXX XXXX XXXX  secure credit card ending in the account number, XXXX is not close. See Exhibit C. \nTitle 15 U.S.C. 1681g, Disclosure to the Complainants ( Consumers ) Experian credit file account for reporting accuracies disclosures from Experian must be clear and understandable to the Complainant in order to allow Experian to follow reasonable procedures to assure maximum possibilities for determining the accuracies of the Complainant information provided by ways of the XXXX XXXX XXXX  who is known as, creditor or grantor. And, Experian had failed to comply with section 1681g ( a ) and section 1681g ( c ) were not purely procedural or technical. Instead, Experian had failed to comply to the FCRA reasonable procedures in order to ensure compliances in these sections stated herein had intentionally harmed the Complainant concrete interests in knowing, what is being reported about her, and the Complainant has difficulties on how she is going to correct these erroneous informations reported lockout into her Experian credit file account dispute webpage. In which, Experian had impeded, blocked, and hindered the Complainant from filing online dispute against her XXXX XXXX XXXX secure credit card ending in the account number, XXXX, as the status close account when her XXXX XXXX XXXX secure credit card ending in the account number, XXXX is open and, not close. See Exhibit D.\n\nTitle 15 U.S.C. 1681m, Requirements on XXXX XXXX XXXX ( user ) of the Complainants ( consumers ) Experian credit file account report which requires her to be notify whenever XXXX XXXX XXXX ( user ) have taken an adverse action against the Complainant based on information contained into her Experian credit file account report ( or any other credit reporting agencies accounts reports ). And, the XXXX XXXX XXXX should have also informed, the Complainant that she has the rights to review a free copy of her Experian credit file account report which is stated in section 1681m ( a ) and, in section 1681m ( a ) which asks, if whether the Complainant had been treated adversely on the basis of the Complainants Experian credit file account report information that displays in her XXXX XXXX XXXX revolving account information section, as the status close account by way of the XXXX XXXX XXXX  which is the creditor or grantor. See Exhibit C. \nNow, these FCRA violations statutes stated above are statutes which had affected, the Complainants Experian credit file account FICO version XXXX higher score ratio calculation under those circumstances the XXXX XXXX XXXX  had failed or withheld in reporting to Experian, or Experian had allowed the XXXX XXXX XXXX  to withhold reporting from the Complainants Experian credit file account for her Current Purchase Balance and Credit Limit amounts that significantly depressed and affected the Complainants Experian credit file account FICO version XXXX score calculation outcome. If, the XXXX XXXX XXXX which had withheld reporting away from the Complainants Current Purchase Balance amount as of XXXX, XXXX, in the amount of XXXX dollars ( {$19.00} ) than Experians FICO scoring software application will substitute the Complainants Current Purchase Balance, in the amount of XXXX dollars ( {$19.00} ), as the XXXX Current Purchase Balance amount for calculating her XX/XX/XXXX, Experians FICO version XXXX score. Likewise, if, the XXXX XXXX XXXX which had withheld reporting away from the Complainants Credit Limit in the amount of XXXX dollars ( {$300.00} ), as of XXXX, XXXX than Experians FICO scoring software application will substitute the Complainants Credit Limit in the amount of XXXX dollars ( {$300.00} ), as the Experians Highest Balance in the amount of XXXX dollars ( {$24.00} ) reported into the Complainant credit file account. And, for this reason, the Complainants Experian credit file account FICO version XXXX score was intentionally decreased to the XXXX ( XXXX ) utilization ratio point, as shown in the calculation below : Experians FICO version XXXX score Calculation Analysis When Creditor or Grantor Withhold Reporting to Experian ( including other Credit Reporting Agencies ) If the creditor or grantor does not report consumer Current Purchase Balance and Credit Limit amounts than the Credit Reporting Agencies FICO scoring software application will substitute those amounts in calculating consumer current FICO score. Current Purchase Balance ( Not reported by the creditor or grantor to the Credit Reporting Agency than the Credit Reporting Agency will substitute, as the XXXX current purchase balance amount. ) XXXX Divided by Credit Limit ( Not reported by the creditor or grantor to the Credit Reporting Agency than the Credit Reporting Agency will substitute, as the Highest Balance prior amount ) XXXX The Consumers Experian FICO version XXXX score Utilization Ratio, as of XX/XX/XXXX 0 % And, the Complainant had not received any official letter sent by ways of the USPS in regard to an Adverse Action from either Experian or XXXX XXXX XXXX notifying the Complainant for why her Experian credit file account is reported close instead of open notification in an Adverse Action. \nWhen, the Complainant had established, the coordinated bargain-for-exchange contract offered with the XXXX XXXX XXXX  is a neutrally bound agreement between both parties during at time of the Complainant who had applied for a XXXX XXXX XXXX  secure credit card application in an acquisition requests acquirements. In order for the Complainant to established, her XXXX XXXX XXXX secure credit card applied application dated on XX/XX/XXXX, she must be contact first ( 1st ) by way of the XXXX XXXX XXXX  Protection Department representative for an identity verification telephone call interview in order for the Complainants XXXX XXXX XXXX  applied application to become completed process. And, the Complainant telephone call conversations with the XXXX XXXX XXXX  Protection Department representative was in regard to her officially confirming, she had indeed opened her secure XXXX XXXX XXXX credit card account application with XXXX XXXX XXXX, in the city of XXXX and in the state of Illinois branch was verified and processed by them dated on XX/XX/XXXX. See Exhibit E ( the XXXX XXXX XXXX Secure Card Application Redacted for Sensitive Information Contexts ). \n\nIn addition, the Complainant had noticed into her Experian credit file account for which, her eight ( 8 ) closed student loans installment accounts should have generated a FICO version XXXX score utilization ratio calculation until XXXX and XXXX of XXXX which has also, significantly depressed and affected her FICO version XXXX score utilization ratio from XXXX  XXXX XXXX  XXXX ( XXXX ) points to XXXX  ( XXXX ) points. And, the Complainants Experian credit file account should have generated a FICO version XXXX score utilization ratio calculation using her eight ( 8 ) closed student loans installment accounts reported from the United States Department of Education / XXXX. \n\nTherefore, the Complainant is claiming Experian had violated the FCRA by means of refusing to add the Complainant second ( 2nd ) XXXX XXXX XXXX  secure credit card ending in the account number, XXXX to her Experian credit file account. And, the Complainant had claimed, Experian omission, errors, or oversight had intentionally lowered her Experian credit file FICO version XXXX score utilization ratio. In order to prevent the Complainant from receiving a higher credit XXXX version XXXX score utilization ratio ; in order for her to obtain a mortgage loan. And, the Complainant is extremely suspicious that each of the Credit Reporting Agencies are allowing the XXXX XXXX XXXX ( creditor or grantor ) to withhold the Complainants XXXX XXXX XXXX credit limits onto her credit file accounts. When those Credit Reporting Agencies knowingly and willfully knew such omission, errors, or oversight in none reporting acts will frequently lower the Complainant credit file account reports FICO version XXXX score calculations ratios. \n\nThis is the Complainant official statement to why, her first ( 1st ) XXXX XXXX XXXX secure credit card ending in the account number, XXXX was unlawfully closed incident : In addition, on XX/XX/XXXX, the Complainant had attempted a few times to use her new XXXX XXXX XXXX secure credit card ending in the account number, XXXX for the Bath and Body Works online purchase, and she had received an error message which stated : the Credit card authorization has failed. Please re-enter your information or try another card. See Exhibit F. \n\nAfter, the Complainant few attempts in trying to use her new XXXX XXXX XXXX secure credit card ending in the account number, XXXX which had failed to process her XXXX XXXX XXXX XXXX online purchase. And, the Complainant had decided, to contact the XXXX XXXX XXXX Disputes Resolution Department, telephone representative by way of telephone communications using her cellular phone number, XXXX which is associated to her XXXX XXXX XXXX secure credit card ending in the account number, XXXX then the Complainant was connected to the XXXX XXXX XXXX Disputes Resolution Department, telephone representative for which, she had stated : You ( the Complainant ) had call us on XX/XX/XXXX, and informed us that your secure credit card was lost or stolen. \n\nAnd, the Complainant had replied to the XXXX XXXX XXXX Disputes Resolution Department, telephone representative that : I ( the Complainant ) had not call, XXXX XXXX XXXX Disputes Resolution Department, telephone representative dated on XX/XX/XXXX, in regard to my ( the Complainant ) XXXX XXXX XXXX secure credit card ending in the account number, XXXX being either lost or stolen and, the assailant/identity thieve had unlawfully contact the XXXX XXXX XXXX Disputes Resolution Department, telephone representative. After, the assailant/identity thieve had unlawfully compromised, my ( the Complainant ) XXXX XXXX XXXX envelope that contained, my ( the Complainant ) XXXX XXXX XXXX secure credit card ending in the account number, XXXX sent by way of the United States Postal Service ( USPS ) legal jurisdiction facilities. And, the assailant/identity thieve who had made negligent, false or fraudulent misrepresentations statements against my ( the Complainant ) XXXX XXXX XXXX secure credit card ending in the account number, XXXX in which, I ( the Complainant ) am legally granted or allowed property rights or privileges which were unlawfully trespassed, impeded, blocked, and encroached on, by ways of the assailant/identity thieve who had made or communicated negligent, false or fraudulent misrepresentations statements with a premeditated criminal intents to the XXXX XXXX XXXX Disputes Resolution Department, telephone representatives without my ( the Complainant ) lawful authority. \n\nAnd, the XXXX XXXX XXXX Disputes Resolution Department, telephone representative had stated, on XX/XX/XXXX, for the disputed, case number, XXXX was initiated from a reinvestigation by the Complainant for which, the Complainant will need to contact the XXXX XXXX XXXX, Disputes Resolution Department on Monday morning, XX/XX/XXXX. In order to find out, why the reinvestigation was initiated by them, and the official XXXX XXXX XXXX  XXXX. letter was sent to the Complainant residential address dated on XX/XX/XXXX and, as of XX/XX/XXXX, the Complainant had replied, she had not received, any official letter from the XXXX XXXX XXXX Disputes Resolution Department in regards to her XXXX XXXX XXXX secure credit card ending in the account number, XXXX reinvestigation dispute until, XX/XX/XXXX, on a late Tuesday afternoon sent by way of the USPS postmaster who had placed the XXXX XXXX XXXX envelope into the Complainant residential address mailbox number, XXXX. And, this particular XXXX XXXX XXXX official letter was received in the Complainant residential address mailbox number, XXXX from the Disputes Resolution Department was dated on XX/XX/XXXX, and not dated on XX/XX/XXXX. See Exhibit G. \n\nAlso, the Complainant had received from the USPS legal jurisdiction dated on XX/XX/XXXX, on a Thursday morning an informed delivery images sent to her email account ( XXXX ) displaying one ( 1 ) XXXX XXXX XXXX  promotional image, and three ( 3 ) envelopes, ( one envelope image from XXXX, and two other envelopes images from the XXXX XXXX XXXX XXXX. ). See Exhibit H. And, one ( 1 ) of the USPS informed delivery from the XXXX XXXX XXXX, XXXX. imaged envelope displays the envelope folded flap that sealed the envelope with the Complainants XXXX XXXX XXXX  secure credit card ending in the account number, XXXX was torn on the top-right corner section enough for the assailant/identity thieve to insert some types of reading device between the torn folded flap envelope. In order to read all of the Complainants XXXX XXXX XXXX  secure credit card number digits from the USPS legal jurisdiction facility for no apparent reasons. In which, the assailant/identity thieve dated on XX/XX/XXXX, had unlawfully called the Complainants XXXX XXXX XXXXk : lost/stolen credit card telephone number, XXXX from an automated prompt messages for which, the assailant/identity thieve would had unlawfully known all of the Complainants XXXX XXXX XXXX  secure credit card number digits and social security number information ; or Disputes Resolution Department directly using another telephone number that is not associate with the Complainants XXXX XXXX XXXX  secure credit card ending number, XXXX account ; in order to successfully deactivated, the XXXX XXXX XXXX XXXX  secure credit card ending in the account number, XXXX without her lawful authority. Therefore, the Complainant did not make any call to the XXXX XXXX XXXX Disputes Resolution Department dated either on XX/XX/XXXX and XX/XX/XXXX ; in order to deactivate her XXXX XXXX XXXX secure credit card ending in the account number, XXXX. After, the Complainant had activated her XXXX XXXX XXXX  secure credit card ending in the account number, XXXX dated on XX/XX/XXXX make no sense, whatsoever. \n\nAnd, the purpose of this letter is to provide, establish the Complainant identity legal jurisdiction and I declare : I ( the Complainant ) did NOT authorize anyone person to use my [ full } legal name or actual identification documents, authentication features, personal identification cards and/or Personal Identifiable Information ( PII ). \nI ( the Complainant ) did NOT receive any benefit, money, goods or services, as a result of the [ se ] event [ s ] described in this letter.\n\nI ( the Complainant ) am NOT the same person who assailant/identity thieve had subscribed by a [ n ] fictitious, similar or exact name, as my full legal name ( XXXX XXXX XXXX ) which was fraudulently given to the XXXX XXXX XXXX Disputes Resolution Department from a negligent, false or fraudulent misrepresentations statements against my XXXX XXXX XXXX secure credit card ending in the account number, XXXX. \nI ( the Complainant ) do NOT know who used my information or actual identification documents, authentication features, personal identification cards and identifiers without my authorizations, consents, acknowledgements and/or knowingly and willfully participations into a said forged or fraudulent notarized instrument [ s ], Powers of Attorney, Affidavits or Waived Rights Documents conspiracies. See Exhibit I. \n\nTherefore, if any such forged or fraudulent notarized instrument [ s ] exists, I ( the Complainant ) hereby revoke, annul, cancel, and nullify in its entirety any Powers of Attorney, Affidavits or Waived Rights Documents bestowed that were not granted by me ( the Complainant ), and the [ se ] assailant [ s ] /identity thieve [ s ] had subscribed by a fictitious name [ s ], to the [ se ] notarized instrument [ s ] by a said Powers of Attorney, Affidavits or Waived Rights Documents in which he/she/they had executed, the [ se ] notarized instrument [ s ] without my ( the Complainant ) lawful authorities resulting in my ( the Complainant ) identity thefts, false personations and/or individual in his/her official capacity or duty authorities had allowed or forged my ( the Complainant ) signatures onto an unknown notarial instruments, and dates. In which, I ( the Complainant ) had/have not appointed those Attorneys or Agents of their legal place of business [ es ] or residence [ s ], as my ( the Complainant ) Attorneys-In-Fact or Agents. And, all Attorneys-In-Fact or Agents listed onto any forged, fraudulent or fictitious Powers of Attorney, Affidavits or Waived Rights Documents by ways of governmental and nongovernmental entities are no longer has lawful authorities or oral jurisdiction to act on my ( the Complainant ) behalf and any previously conferred dates executed on forged, fraudulent or fictitious signatures, by a said Powers of Attorney, Affidavits or Waived Rights Document are now revoked, cancelled, rescinded, terminated and dismissed, as of this XXXX day of XXXX, XXXX proceeding this statement.","date_sent_to_company":"2021-08-10T07:46:40.000Z","issue":"Unable to get your credit report or credit score","sub_product":"Credit reporting","zip_code":"58103","tags":null,"has_narrative":true,"complaint_id":"4616594","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2021-08-10T03:30:18.000Z","state":"ND","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Other problem getting your report or credit score"},"highlight":{"complaint_what_happened":["with a premeditated criminal intents to the XXXX XXXX XXXX Disputes Resolution Department, telephone representatives <em>without</em> my ( the Complainant ) <em>lawful</em> <em>authority</em>."]},"sort":[12.556277,"4616594"]},{"_index":"complaint-public-v1","_id":"4350501","_score":10.158181,"_source":{"product":"Debt collection","complaint_what_happened":"Dear CFPB, Please find my Complaint against Nationwide Title Clearing, Inc ( NTC ) for their unlawful and deceptive business practices ; and my demand to provide full disclosures regarding OWNERSHIP of my so-called loan and identify the Principal, an owner of my purported debt who hired NTC and MERS to prepare fatally defective assignment to XXXX XXXX XXXX XXXX ( former XXXX XXXX XXXX XXXX ) on XX/XX/XXXX. \nMortgage assignment reflects a change in creditor ownership, while the sale of servicing rights from servicer to servicer are entirely different matters. Servicing rights do not exist in a vacuum. It must be a Principal who is the lawful owner of the debt and who has my so-called loan on their general Ledger account RECEIVABLE where my loans is RECORDED as an asset. That would be the account where debits and credits are posted, resulting in an adjustment of the value of the account. That is, in other words, the place where the loan can be found. That is the only place. There is only one way an entry is made on any ledger a transaction has occurred and the ledger shows the debit from one account and a credit to another account. Each transaction has a paper trail usually starting with receipt or payment of money. So there is a wire transfer receipt, ACH receipt, or canceled check that will prove the payment along with some bill of sale or other documents describing the transaction in which a third party has agreed to the terms. This is required by GAAP that is the law and no amount of argument can escape the simple fact that if someone is claiming an ownership of someones loan, this debt must exist.. Without the loan account receivable on a proper accounting ledger there can be no such claim and there isnt.\n\nSelf-proclaimed Servicers own nothing except servicing rights that might have been worth something if there was any owner of an account receivable with my name on it. But no such person or entity existed. Hence the servicing rights, just like the title rights in MERS and the administration rights in the named trustee were strictly an illusion. And every assignment ( transfer of ownership ) is conducted in accordance with UCC Art. 9/203, where the SALE of any mortgages can be proven by a copy of a cancelled check ; or wire transfer ; and the release of lien by the Seller.\n\nAs of today I have absolutely no knowledge who is the Lender ( which is not XXXX XXXX XXXX XXXX ) and who is the legal owner of my purported debt who on XX/XX/XXXX hired MERS and NTC to prepare and record fatally deficient assignment to XXXX. Nobody ever confirmed to be a Seller of my loan ; along with evidence of ownership ( proof of payment ) to be the Owner of my purported debt. Moreover, from the beginning of this transaction I was actively misled about the true parties XXXX XXXX XXXX XXXX XXXX ( former XXXX XXXX, XXXX ) who sent me a Commitment Letter on XX/XX/XXXX indicating that I will buy Calibers loan ; XXXX XXXX XXXX XXXX, who was the originator of this transaction via their Empower ; and a Big Bank ( XXXX  XXXX XXXX ) who financed my transaction with borrowed from undisclosed investors money. \n\nOn XX/XX/XXXX someone ( who was never disclosed to me ) transferred my so-called loan to XXXX via XXXX prepared by Collateral Shipper XXXX XXXX. When I asked where XXXX was working and who authorized him to prepare this XXXX, nobody responded to my inquiry. \n\nOn XX/XX/XXXX I received a letter from XXXX claiming that XXXX transferred them some servicing rights. Obviously, any transfers of servicing must be made after they are authorized by the legal owner of my purported debt. \n\nWhen I asked whom XXXX and XXXX is servicing and who appointed them as Servicers, both companies relentlessly lied but never gave me a clear answer who is the owner who has account receivable on their general ledger where my money are deposited who approved these changes of Servicers. \n\nAccording to XXXX, someone sold them my purported loan which is pooled in XXXX XXXX Pooled Security XXXX where XXXX XXXX XXXX XXXX is a Trustee. In other words, under Big Banks legend, the owner of my purported loan must be XXXX XXXX XXXX XXXX XXXX and BONY must be an authorized Agent of the Principal who is also a custodian for all documents, particularly Mortages and Notes. \n\nHowever here are no records of existence of any Pooled Security XXXX, no need to say nobody claimed to be a Trustor who established this pooled security. VA and HUD have absolutely no records of any sales and who is the owner of my purported debt since all their information is provided by XXXX XXXX XXXX. Moreover, VA has no idea whom the guarantee payments since all their information is provided by XXXX XXXX XXXX. \n\nBear to repeat, someone transferred my loan to XXXX on my closing day, thus XXXX lied to Federal Authority that they merely assumed servicing from XXXX on XX/XX/XXXX. XXXX has no idea when servicing transfer to XXXX took place ; and here is no evidence of any sales as well as no one claimed to be a Seller. \n\nMoreover, from XX/XX/XXXX to present time Federal Reserve purportedly purchased XXXX XXXX mortgage backed bonds thus theoretically became the creditor without any Notices to me or any releases of liens by the prior owner ( if exists ) and thus should be the Principal who hired MERS and NTC to prepare this Assignment. But the reality is that when the Federal Feserve was publicly stating that it was purchasing mortgage bonds from GSEs and the banks, none of that was true. There were no mortgage bonds. There were certificates issued to investors representing an IOU from an investment bank. The certificates were owned by investors, not by the investment banks who were selling them. The Federal reserve was purchasing thin air or blank paper created and issued by the investment banks solely for the purpose of \" sale '' to the Federal reserve who hosts XXXX XXXX XXXX scheme on their XXXX XXXX XXXX and XXXX XXXX XXXX. \n\nYet, the Assignment states that MERS, acting on behalf of a Principal, as nominee for XXXX ( dissolved in XX/XX/XXXX ) apparently hired NTC to prepare and record this Assignment where MERS Vice President XXXX XXXX, who is personally known by Notary XXXX, transferred ownership of my purported debt ( mortgage ) without transferring the Note, to XXXX in unknown capacity on XX/XX/XXXX. \n\nFor some reason all other parties are ignored from the chain of ownership such as XXXX, XXXX XXXX ( who is still listed as Investor/Guarantor on MERS ServicerId, while my purported mortgage appears to be inactive, thus outside of MERS authority which MERS never had with XXXX or XXXX XXXX since MERS only serves its members. Neither XXXX or XXXX XXXX never been MERS members ; thus, XXXX XXXX does not have agency relationship with MERS to authorize MERS to transfer ownership of my purported debt to anyone. \n\nYet, XXXX claimed to be owner of my debt and later said that the owner is XXXX XXXX, while according to Wall Street Stockbrokers, the owner is a Trust ( here- imaginary Pooled Security XXXX where BONY is a purported Trustee ) Unfortunately for Nationwide Title Clearing and its clients, a paper assignment can not ratify an event that never occurred. The event is the purchase of a loan or many loans. The proof is not the assignment but the payment for the assignment. I dont have ANY proof of any sales. Moreover, nobody confirmed to be a SELLER. \n\nNationwide Title Clearing is selling the concept that if they forge, fabricate and robosign a document at a nominal cost for the servicer that they can make the assignment ( or note ) valid. The proper way to look at it would be for NTC to actually investigate that there was a transaction and then proceed knowing the assignment could be valid and could therefore be legally ratified. If there is no transaction, there is nothing to ratify and therefore the assignment is void, not voidable, and must be remediated aka removed from the public records, as NTC agreed in the XXXX and XXXX Settlements with Attorney Generals office.\n\nNTC refused to provide me any disclosures who is the Principal who hired MERS to act as nominee for XXXX ; and who is NTC client who is the owner of my purported debt who paid NTC commission or other fee and who instructed them to prepare, execute and file this Assignment in XXXX XXXX Recorder of Deeds. \n\nNTC refused to validate Mr. XXXX employment as MERS Vice President and provide me his direct contact information, where exactly Mr. XXXX works, his email and phone number, so I can contact Mr. XXXX and ask him directly regarding ownership of my purported debt and who is MERS client and the Principal whom MERS serve. \nIt is not a secret and well-described in IL AG Madigans case and in NTC employee Lances deposition that people who place electronic signatures and pose as MERS VPs are actually employees of NTC who prepare documents of assignment and transfer and record them without any knowledge of any transactions ; he has no knowledge or power to stop it or to verify that it is correct. To be clear, the law requires something different. No law allows anyone to prepare, execute, notarize or record a document that is not known, for a fact, to be memorializing some actual event in the real world. No signature is valid unless the signor knows that the document is true and accurate as to what is on it. Authorization to execute an unknown document is no authorization at all. \nOn XX/XX/XXXX I received a respond from NTC lawyer XXXX XXXX ( who is also a CPA ) who stated that NTC is [ .. ] simply unable to provide me the remedy that you seek and that any challenges to the assignment or any request for recorded documents to be removed from the public records are matters between you and your prior or current mortgage lenders or servicers. We are not legally authorized to provide you with the relief you seek '' Mr. XXXX statements are not true and clearly violate terms of their Settlement with Florida Attorney General in XXXX where NTC expressly consented to XXXX NTC shall ensure that no mortgage-related document is signed by NTC on behalf of a client without the client 's express and specific authorization and NTC shall maintain up to date records of such authorization. \n\nXXXX. To the extent necessary, NTC agrees to continue to remediate any such documents when reasonably necessary to assist any person or borrower or when required by state or local laws. \nIdentical case was filed by IL Attorney General XXXX on XX/XX/XXXX. According to Final Decree in Case 12-CH-o3602, Illinois vs. NTC, ORDERED that Defendant [ .. ] comply with and remain in compliance with Section 2 the Consumer Fraud Act and Section 2 of the Uniform Deceptive Trade Practices Act. with the following terms : a. Defendant shall not sign a document that is recorded in the county recording offices [. ] unless the person signing the document ( the signatory ) has performed a substantive review of the information contained in the document to ensure the accuracy and validity of that information. Substantive review means that the signatory must read, understand, and review each document to be recorded.\n\nd. Documents signed by signatories at the direction of the Defendant for the purpose of recordation in Illinois shall accurately identify the signatory s employer ( e.g., employed by Nationwide Title Clearing, Inc. ) and indicate that the signatory has the qualified authority to sign on behalf of the financial institution or mortgage servicer.\n\ne. Documents recorded by Defendant shall accurately reflect the nature and substance of the transaction.\n\ng. Defendant shall remediate ANY document [. ] that is found to be a cloud on title or otherwise unlawful. Defendant shall also remediate any document when reasonably necessary to assist any person or borrower, or when required by federal, state, or local law. Defendant shall establish, advertise and staff a toll- free telephone hotline where consumers may ask questions regarding any document executed by NTC , including but not limited to requests that NTC remediate a document.\n\nRemediation means REMOVAL of bad or defective documents from the public records by NTC ; and full disclosures to the Customers, as required by the Uniform Deceptive Trade Practices Act and MI 445.903 Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce are prohibited.\n\nThus, NTCs refusal to cooperate constitutes their breach of both settlements and intentional and/or negligent violations of Federal and State laws.\n\nThe Assignment prepared by NTC employee XXXX XXXX is fatally defective and contains numerous false and misleading information and must be remediated and removed immediately by NTC, as required by the Settlements. \n\nI further demand XXXX XXXX to provide me the name of the Principal and the legal owner of my purported debt ( if any ) who had authority to hire MERS and NTC to transfer ownership of my purported debt to XXXX. \nI demand XXXX XXXX to describe in which capacity XXXX accepted the assignment ( ownership ) of mortgage ; and why nobody assigned XXXX my Note. Mortgage Assignments : Assignment of a Mortgage Without the Underlying Note is A Nullity in all jurisdictions. It is the general rule in Florida ( where NTC is incorporated ) that the transfer of a mortgage note transfers with it the related mortgage. The mortgage note is regarded as the principal item with the mortgage being regarded as a mere accessory. 6 Fla. Jur. 2nd, Bills and Notes, Section 123. Hence the adage \" the mortgage follows the note. '' \" All the authorities agree that the debt is the principal thing and the mortgage an accessory. The apparent rule in Florida is that an assignment of a mortgage without an assignment of the related mortgage note is deemed a nullity and creates no right in the assignee because a mortgage is a mere lien incidental to the obligation it secures. 37 Fla. Jur. 2nd, Mortgages, Section 511. See e.g., Sobel v. Mutual Development , Inc., 313 So.2d 77 ( Fla. 1st DCA 1975 ). Vance v. Fields, 172 So.2d 613 ( Fla. 1st DCA 1965 ).\n\nAgain, ALL transfers must be conducted and authorized by a Principal who is a legit owner of the underlying obligation ( if any ). As of today here is no evidence of any ownership as well as here are no loan account receivable held on the ledger of any Company. All my payments are cashed by XXXX XXXX XXXX via XXXX who have lockbox agreements with XXXX XXXX XXXX XXXX ( the originator of my transaction ). \n\nAll property taxes and insurances are paid by CoreLogic, who was recently accrued by XXXX  XXXX XXXX and XXXX XXXX via their sham conduits Mr. XXXX XXXX Holding ( owner of XXXX XXXX, former XXXX XXXX XXXX XXXX-2 ) ; Senator Fund operated by XXXX banker XXXX XXXX ; and Stone Point ( operated by XXXX XXXX XXXX XXXX XXXX XXXX. Here are no single document ( except NTCs assignment ) which is related to XXXX as a Servicer no need to say owner of my purported obligation On XX/XX/XXXX XXXX XXXX sued XXXX for theft of proprietory secrets from their MSP ; and confirmed that XXXX XXXX is originating over 62 % of ALL so-called loans. XXXX XXXX processed my Application for a Loan acting on behalf of their client XXXX Mortgage who was a pretender lender hired for a small fee. \n\nThe reason for the absence of accounting or original documents is simple. The securitization players had to avoid any loan account when they sold securities because if they owned a loan account they would be accused of selling the same loan over and over again. Instead, they sold securities representing performance data bets on nonexistent loan accounts as reported in the sole discretion of the investment bank who was operating under the fictitious name of the REMIC trust. \n\nThe Government decided that its simply OK now to lie to consumers about who is lending them money and what risks consumers are assuming without knowing anything about it. There is no incentive at all to make a viable, workable loan that provides the benefit of a bargain to both a lender and a borrower because there is no lender. \n\nWhat we have instead are originators who pretend to be lenders ( hence pretender lenders ) and who are treated as though they are lenders even though they have no lending intent. Their intent is to make a fee which is disguised as the profit on selling a mortgage and note that they never owned. Because it is labeled as a sale the word fee is avoided. but that doesnt make it a sale.","date_sent_to_company":"2021-05-04T09:36:16.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"490XX","tags":null,"has_narrative":true,"complaint_id":"4350501","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nationwide Title Clearing, Inc.","date_received":"2021-05-04T08:53:23.000Z","state":"MI","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Mortgage assignment reflects a <em>change</em> in creditor ownership, while the sale of servicing rights from servicer to servicer are entirely different matters. Servicing rights do not exist in a vacuum. It must be a Principal who is the <em>lawful</em> owner of the debt and who has my so-called loan on their general Ledger account RECEIVABLE where my loans is RECORDED as an asset. That would be the account where debits and credits are posted, resulting in an adjustment of the value of the account."]},"sort":[10.158181,"4350501"]},{"_index":"complaint-public-v1","_id":"11936096","_score":9.99405,"_source":{"product":"Mortgage","complaint_what_happened":"LEGAL NOTICE - QWR ________________________________________________________________________________________________________ XXXXXXXX XXXX XXXX  Attention : Loss Mitigation Department XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Date of Notice : XX/XX/XXXX Notice to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Service by : Certified Mail Number : XXXX XXXX XXXX XXXX XXXX XXXX Re : Contesting the Trustee Sale of Property Request for Invalidity of Sale Property Address previously known as : XXXX XXXX XXXX XXXX, XXXX, WA XXXX Trustee Sale XXXX XXXX  on XX/XX/XXXX in XXXX XXXX, Washington ( XXXX XXXX ), DISCONTINUED Trustee Sale # XXXX, XXXX # XXXX, alleged Loan No : XXXX. \n\nDear Trustee, and Loss Mitigation Department, The trustee has violated their duty under RCW61.24. This letter constitutes a legal request for the validation of the alleged violations referenced herein, pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, and the Washington State Collection Agency Act, RCW 19.16.250, and our complaint for relief pursuant to RCW31.04.093, RCW31.04.165, RCW 61.24.130, RCW 31.04.145. Pursuant to Washington States Mortgage Broker Practices Act ( RCW 19.146 ) and Consumer Loan Act ( RCW 31.04 ), Trustee and servicer are ordered to Cease and Desist of unlawful eviction and Trustee Sale on XX/XX/XXXX ( Ex A, B ). \nWe are writing to formally contest the Trustee Sale conducted on XX/XX/XXXX for the property previously known as : XXXX XXXX XXXX XXXX, XXXX, WA XXXX, under Trustee Sale XXXX XXXX, and DISCONTINUED Trustee Sale # XXXX. This sale was carried out in violation of both Washington State law and federal law, and we assert that it is invalid for several key reasons. \n1. Failure to Provide Proper Notice ( RCW 61.24.040 ) Under RCW 61.24.040, the XXXX XXXX XXXX XXXX is required to provide proper notice to the Grantor XXXX XXXX, including certified mail and first-class mail at least 20 days prior to the sale. XXXX XXXX XXXX and XXXX XXXX XXXX  failed to provide certified notice to the Grantor XXXX XXXX, which is a direct violation of Washington State law and undermines the validity of the sale. Failure to comply with these mandatory notice requirements is a critical defect, rendering the sale voidable. \nRCW 61.24.040 requires notice to the Grantor XXXX XXXX and not to any other party. The improper notification to a third party, without notice to Grantor XXXX XXXX, exacerbates the violation. \nXXXX XXXX XXXX ( Ex A ) states ; the Trustee caused a copy of said Notice of Trustee 's Sale to be published once between the thirty-fifth and twenty-eighth day before the date of sale, and once between the fourteenth and seventh day before the date of sale in a legal newspaper in each county in which the property or any part thereof is situated : and further, included in this Notice, which was transmitted to or served upon the Grantor or his successor in interest. Trustee failed to provide the Grantor copies of said legal newspaper add. \n2. XXXX XXXX XXXX Acting as the Grantor It has come to our attention that XXXX XXXX XXXX has acted in fraud by effectively acting as the Grantor in this matter, rather than merely serving as the Trustee ( See Ex A ). As a Trustee, XXXX XXXX XXXX  is not authorized to assume the role of the Grantor, which is a clear violation of Trustee duties under RCW 61.24.030. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. \nAs a result, XXXX XXXX XXXX actions have rendered the sale illegitimate and in violation of Trustee duties, pursuant to Washington State foreclosure laws, and established contractual obligations outlined in the original Deed of Trust. \n3. Failure to Provide enough time Pursuant to RCW61.24.030 ( 8 ) The property described in ( a ) of this subsection may be sold at public auction at a date no less than 150 days in the future if the borrower received a Notice of defaultletter under RCW61.24.031. The date of Notice of Trustee 's Sale is XX/XX/XXXX and the date of sale is XX/XX/XXXX. Trustee only allowed 135 days, not the required 150 days. \n4. Lack of Identification under RCW 61.24.031 XXXX XXXX XXXX ( Ex A ) states ; the Trustee then and there sold at public auction to said Grantee, the highest bidder. Under RCW 61.24.031, the Trustees Deed fails to explicitly identify who the Grantee, the highest bidder is. According to the auctioneer there was no bidder online or present at the XXXX that day, so who is the bidder? 6.1 Provide legal documentation of the Bidder and how they meet all bidding qualifications of cash payment. 6.2 Provide the Trustee Certificate of Sale Receipt. 6.3 Pursuant to RCW provide who is the Offeror and the Offeree in this Auction. \n5. Lack of Identification under RCW 61.24.031The Trustees actions are fraudulent and recorded fraudulent documentation which is a state and federal violation. Under RCW 61.24.031, an entity must be clearly identified in foreclosure proceedings. The Trustees Notice of Default, and Notice of Trustee Sale, and Deed explicitly defines XXXX, AS HIS SEPARATE ESTATE, as Grantor. Then states that XXXX XXXX is Grantor. Which is it for both those entities are not legally the same. Provide Legal documentation who is XXXX, AS HIS SEPARATE ESTATE. \nFurthermore, the Trustees Deed identifies the Grantor as XXXX XXXX XXXX, which is a clear violation of Trustee duties under RCW 61.24.030. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. We demand that you provide documentation proving the legal status and authority of XXXX, AS HIS SEPARATE ESTATE versus XXXX XXXX XXXX as Grantor. \n\nWe also demand that you provide documentation proving the legal status and authority of XXXX XXXX  XXXX as the authorized agent. Under RCW 61.24.005 the designation of an authorized agent should be clearly documented, and the relationship of such an agent must be properly established. \n\n6. Provide additional Information required per law Provide evidence of Trustee recording under RCW61.24.010 ( 2 ) Only upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee. Also, according to RCW 61.24.030 ( 2 ) and RCW 61.24.005, the Trustee must have clear authority and title to foreclose. \nIs this foreclosure referencing a trust? If so, please provide the following details : Who is the Grantor? \nWho is the first Trustee and second Trustee, and provide their addresses and direct contact information. \nIf this is regarding a debt owed, who is the XXXX XXXX at this time? \nWho is the guarantor at this time? \n7. Federal Violations : RESPA, FDCPA, and HAMP In addition to violations under Washington State law, this sale also appears to be in violation of federal law. \n7.A Violation of RESPA ( Real Estate Settlement Procedures Act ) Under RESPA ( 12 U.S.C. 2605 ), XXXX XXXX  XXXX as servicers are required to provide accurate and timely information to homeowners regarding their mortgage status, including servicing transfers and foreclosure proceedings. Failure to disclose material facts such as changes in loan servicers or foreclosure information constitutes a violation of RESPA. If XXXX XXXX failed to properly inform us of the foreclosure and related matters, the sale would be deemed invalid under RESPA. \n7.B. Violation of FDCPA ( Fair Debt Collection Practices Act ) The FDCPA ( 15 U.S.C. 1692 ) governs debt collection practices, including actions related to foreclosure. CleaXXXX XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to lawful procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions without proper notice, would lead to FDCPA violations. \n7.C. Violation of HAMP ( Home Affordable Modification Program ) If the alleged loan was eligible for HAMP or any federal loan modification program, the servicer ( and Trustee ) must comply with federal guidelines and offer a loan modification or other alternatives before proceeding with a foreclosure. If CleXXXX XXXX XXXX or XXXX XXXX  XXXX failed to properly assess eligibility for such programs, would violate federal law. \n8. Potential Violations of Washington State and Federal Law Unfair or Deceptive Practices : The Washington Consumer Protection Act under RCW 19.86.020 and the Fair Debt Collection Practices Act ( FDCPA ) under 15 U.S.C. 1692e prohibit unfair practices. We request an examination of your deceptive foreclosure practices. \nThe content and delivery of your Notice raise concerns regarding potential violations of both Washington State and federal law, including but not limited to : Identity Theft ( RCW 9.35.020 ) : If the information provided in the Notice is not accurate or is used to unlawfully threaten foreclosure, this may constitute identity theft. \nFraud ( RCW 9A.60.030 and 18 U.S. Code 1341 - Frauds and Swindles ) : Any intentional misrepresentation of material facts related to the loan or foreclosure process constitutes fraud. Federal law states that whoever devises or intends to devise any scheme to defraud or for obtaining money or property by false or fraudulent pretenses, representations, or promises, and uses the Postal Service or any interstate carrier in furtherance of such scheme, shall be fined or imprisoned up to 20 years, or both. \nExtortion ( RCW 9A.56.110 ) : Any threats to unlawfully take or withhold property or perform any act intended to harm another persons financial condition or reputation may constitute extortion. \nFalsification of Documents ( RCW 9A.60.020 and 18 U.S. Code 472 - Uttering Counterfeit Obligations or Securities ) : If any part of the Notice contains falsified information or documents, this would be a violation of Washington State law and federal law, which prohibits the uttering of counterfeit obligations or securities. \nConspiracy Against Rights ( 18 U.S. Code 241 ) : If there is a conspiracy to infringe upon our rights under the guise of this Notice, it could be a federal offense punishable by fines or imprisonment. \nMisappropriation and Conversion of Private Property ( RCW 9A.56.020 and 18 U.S. Code 654 ) : Any unauthorized use or conversion of our private property or information for unlawful purposes constitutes a violation of state and federal law. \n9. Request for Judicial Review Given the violations of state law and federal law, we demand an immediate judicial review of this sale. As RCW 61.24.130 allows for the sale to be contested on these grounds, I request a review of the entire foreclosure process to determine whether it was conducted lawfully under both Washington State law and federal law. If the proper procedures were not followed, we request that the sale be rescinded immediately. \n10. Request for Full Accounting and Mediation Pursuant to RCW61.24.030 ( 8 ) ( e ) An itemized account of all other specific charges, costs, or fees that the borrower, grantor, or any guarantor is or may be obliged to pay to reinstate the deed of trust before the recording of the notice of sale ; ( f ) A statement showing the total of ( d ) and ( e ) of this subsection, designated clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the notice of sale. This was not provided in the Notice of Default and Notice of Trustee Sale. \nTherefore we formally request a full accounting of all amounts due on the alleged loan. We believe there are significant discrepancies in the debt calculation, and we question the accuracy of the amounts owed. Under HAMP and other federal laws, I also request that this matter be referred for mediation to explore possible remedies and options to avoid further harm. \n11. Legal Action for Invalidating the Sale If XXXX XXXX XXXX and XXXXXXXX XXXX XXXX fail to honor this request and are found to have engaged in deceptive or fraudulent practices, we will pursue all legal and administrative remedies. This includes seeking treble damages and legal fees under RCW 19.86.090 for consumer protection violations. \nIf the issue remains unresolved within 20 days, we will file a court complaint to challenge the alleged loan, collection, and sale, prevent wrongful title transfer, and seek damages for violations of our rights. \nConclusion This sale was improperly conducted and violated both state and federal law. We demand that XXXX XXXX XXXX immediately review the actions taken in this matter and take corrective steps and rescind the fraudulent sale. We further request that the appropriate accounting records be provided, and that mediation be pursued under both state and federal law. \nPlease respond in writing per State law within 20 days from the date of this letter to confirm your actions to remedy this situation. \nThis letter constitutes our effort to resolve these false claims referenced by XXXX XXXX XXXX and XXXX XXXX  XXXX. No further action shall proceed until the requested documentation and evidence are provided and verified. This letter is not an admittance of debt, nor a full statement of facts, nor a waiver of any rights or remedies available under the law or equity, all of which are expressly reserved. \n\nThank you for your attention to this matter. We look forward to your prompt response. \n\nSincerely, GRANTOR XXXX XXXX Enclosures : Ex A, B, C CC : WA XXXX, CFPB, IRS, WA AG, WA XXXX, WA DOR, WA XXXX","date_sent_to_company":"2025-02-04T06:59:07.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"11936096","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2025-02-04T06:51:25.000Z","state":"WA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["CleaXXXX XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to <em>lawful</em> procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions <em>without</em> proper notice, would lead to FDCPA violations. \n7.C."]},"sort":[9.99405,"11936096"]},{"_index":"complaint-public-v1","_id":"11934893","_score":9.99405,"_source":{"product":"Mortgage","complaint_what_happened":"LEGAL NOTICE - QWR ________________________________________________________________________________________________________ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nDear Trustee, and Loss Mitigation Department, The trustee has violated their duty under XXXX. This letter constitutes a legal request for the validation of the alleged violations referenced herein, pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, and the Washington XXXX XXXX XXXX XXXX, XXXX XXXX, and our complaint for relief pursuant to XXXX, XXXX, XXXX XXXX, XXXX XXXX. Pursuant to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and Consumer Loan Act ( XXXX XXXX ), Trustee and servicer are ordered to Cease and Desist of unlawful eviction and Trustee Sale on XX/XX/XXXX ( Ex A, B ). \nWe are writing to formally contest the Trustee Sale conducted on XX/XX/XXXX for the property previously known as : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX NTS, and DISCONTINUED Trustee Sale # XXXX. This sale was carried out in violation of both Washington State law and federal law, and we assert that it is invalid for several key reasons. \nXXXX. Failure to Provide Proper Notice ( XXXX XXXX ) Under XXXX XXXX, the XXXX Clear XXXX XXXX is required to provide proper notice to the XXXX XXXX XXXX, including certified mail and first-class mail at least 20 days prior to the sale. XXXX XXXX XXXX XXXX XXXX XXXX XXXX  failed to provide certified notice to the XXXX XXXX XXXX, which is a direct violation of Washington State law and undermines the validity of the sale. Failure to comply with these mandatory notice requirements is a critical defect, rendering the sale voidable. \nXXXX XXXX requires notice to the XXXX XXXX XXXX and not to any other party. The improper notification to a third party, without notice to XXXX XXXX XXXX, exacerbates the violation. \nXXXX XXXX XXXX ( Ex A ) states ; the Trustee caused a copy of said Notice of Trustee 's Sale to be published once between the thirty-fifth and twenty-eighth day before the date of sale, and once between the fourteenth and seventh day before the date of sale in a legal newspaper in each county in which the property or any part thereof is situated : and further, included in this Notice, which was transmitted to or served upon the Grantor or his successor in interest. Trustee failed to provide the Grantor copies of said legal newspaper add. \nXXXX. Clear XXXX XXXX Acting as the XXXX It has come to our attention that Clear XXXX XXXX has acted in fraud by effectively acting as the XXXX in this matter, rather than merely serving as the Trustee ( See XXXX A ). As a Trustee, Clear XXXX XXXX is not authorized to assume the role of the XXXX, which is a clear violation of Trustee duties under XXXX XXXX. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. \nAs a result, XXXX XXXX XXXX actions have rendered the sale illegitimate and in violation of Trustee duties, pursuant to Washington XXXX foreclosure laws, and established contractual obligations outlined in the original Deed of Trust. \nXXXX. Failure to Provide enough time Pursuant to XXXX ( XXXX ) The property described in ( a ) of this subsection XXXX be sold at public auction at a date no less than 150 days in the future if the borrower received a Notice of defaultletter under XXXX. The date of Notice of Trustee 's Sale is XX/XX/XXXX and the date of sale is XX/XX/XXXX. Trustee only allowed 135 days, not the required 150 days. \nXXXX. Lack of Identification under XXXX XXXX XXXX XXXX XXXX ( Ex A ) states ; the Trustee then and there sold at public auction to said Grantee, the highest bidder. Under XXXX XXXX, the XXXX Deed fails to explicitly identify who the XXXX, the highest bidder is. According to the auctioneer there was no bidder online or present at the XXXX that day, so who is the bidder? XXXX Provide legal documentation of the Bidder and how they meet all bidding qualifications of cash payment. XXXX Provide the Trustee XXXX of Sale Receipt. XXXX Pursuant to XXXX provide who is the XXXX and the XXXX in this Auction. \nXXXX. Lack of XXXX under XXXX XXXX XXXX actions are fraudulent and recorded fraudulent documentation which is a state and federal violation. Under XXXX XXXX, an entity must be clearly identified in foreclosure proceedings. The XXXX Notice XXXX XXXX, and Notice XXXX XXXX XXXX, and Deed explicitly defines XXXX, AS HIS SEPARATE ESTATE, as XXXX. Then states that XXXX XXXX is XXXX. Which is it for both those entities are not legally the same. Provide Legal documentation who is XXXX, AS HIS SEPARATE ESTATE. \nFurthermore, the Trustees Deed identifies the XXXX as CLEAR XXXX XXXX which is a clear violation of Trustee duties under XXXX XXXX. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. We demand that you provide documentation proving the legal status and authority of XXXX, AS HIS SEPARATE ESTATE versus CLEAR XXXX XXXX as XXXX. \n\nWe also demand that you provide documentation proving the legal status and authority of XXXX XXXX XXXXXXXX as the authorized agent. Under XXXX XXXX the designation of an authorized agent should be clearly documented, and the relationship of such an agent must be properly established. \n\nXXXX. Provide additional Information required per law Provide evidence of Trustee recording under XXXX ( XXXX ) Only upon recording the appointment of a successor trustee in XXXX XXXX in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee. Also, according to XXXX XXXX ( XXXX ) and RCW XXXX, the Trustee must have clear authority and title to foreclose. \nIs this foreclosure referencing a trust? If so, please provide the following details : Who is the XXXX? \nWho is the first Trustee and second Trustee, and provide their addresses and direct contact information. \nIf this is regarding a debt owed, who is the Principal XXXX at this time? \nWho is the guarantor at this time? \nXXXX. Federal Violations : RESPA, FDCPA, and XXXX In addition to violations under Washington XXXX XXXX, this sale also appears to be in violation of federal law. \nXXXX Violation of RESPA ( Real Estate Settlement Procedures Act ) Under RESPA ( XXXX U.S.C. XXXX ), XXXXXXXX XXXX XXXXXXXX as servicers are required to provide accurate and timely information to homeowners regarding their mortgage status, including servicing transfers and foreclosure proceedings. Failure to disclose material facts such as changes in loan servicers or foreclosure information constitutes a violation of RESPA. If XXXX XXXX failed to properly inform us of the foreclosure and related matters, the sale would be deemed invalid under RESPA. \nXXXX. Violation of FDCPA ( Fair Debt Collection Practices Act ) The FDCPA ( XXXX U.S.C. XXXX ) governs debt collection practices, including actions related to foreclosure. Clear XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to lawful procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions without proper notice, would lead to FDCPA violations. \nXXXX. Violation of XXXX ( Home Affordable Modification Program ) If the alleged loan was eligible for XXXX or any federal loan modification program, the servicer ( and Trustee ) must comply with federal guidelines and offer a loan modification or other alternatives before proceeding with a foreclosure. If Clear XXXX XXXX XXXX XXXXXXXX Mortgage XXXX failed to properly assess eligibility for such programs, would violate federal law. \nXXXX. Potential Violations of Washington State and Federal Law Unfair or Deceptive Practices : The Washington Consumer Protection Act under XXXX XXXX and the Fair Debt Collection Practices Act ( FDCPA ) under 15 U.S.C. 1692e prohibit unfair practices. We request an examination of your deceptive foreclosure practices.\n\nThe content and delivery of your Notice raise concerns regarding potential violations of both Washington XXXX and federal law, including but not limited to : Identity Theft ( XXXX XXXX ) : If the information provided in the Notice is not accurate or is used to unlawfully threaten foreclosure, this XXXX constitute identity theft. \nFraud ( XXXX XXXX and 18 U.S. Code 1341 - Frauds and Swindles ) : Any intentional misrepresentation of material facts related to the loan or foreclosure process constitutes fraud. Federal law states that whoever devises or intends to devise any scheme to defraud or for obtaining money or property by false or fraudulent pretenses, representations, or promises, and uses the Postal Service or any interstate carrier in furtherance of such scheme, shall be fined or imprisoned up to 20 years, or both. \nExtortion ( XXXX XXXX ) : Any threats to unlawfully take or withhold property or perform any act intended to harm another persons financial condition or reputation XXXX constitute extortion. \nFalsification of Documents ( XXXX XXXX and XXXX U.S. Code 472 - Uttering Counterfeit Obligations or Securities ) : If any part of the Notice contains falsified information or documents, this would be a violation of Washington State law and federal law, which prohibits the uttering of counterfeit obligations or securities.\n\nConspiracy Against Rights ( 18 U.S. Code 241 ) : If there is a conspiracy to infringe upon our rights under the guise of this Notice, it could be a federal offense punishable by fines or imprisonment. \nMisappropriation and Conversion of Private Property ( XXXX XXXX and 18 U.S. Code 654 ) : Any unauthorized use or conversion of our private property or information for unlawful purposes constitutes a violation of state and federal law. \nXXXX. XXXX for XXXX XXXX XXXX the violations of state law and federal law, we demand an immediate judicial review of this sale. As XXXX XXXX allows for the sale to be contested on these grounds, I request a review of the entire foreclosure process to determine whether it was conducted lawfully under both Washington XXXX law and federal law. If the proper procedures were not followed, we request that the sale be rescinded immediately. \nXXXX. Request for Full Accounting and Mediation Pursuant to XXXX ( XXXX ) ( XXXX ) An itemized account of all other specific charges, costs, or fees that the borrower, XXXX, or any guarantor is or XXXX be obliged to pay to reinstate the deed of trust before the recording of the notice of sale ; ( f ) A statement showing the total of ( d ) and ( XXXX ) of this subsection, designated clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the notice of sale. This was not provided in the Notice of Default and Notice XXXX XXXX XXXX. \nTherefore we formally request a full accounting of all amounts due on the alleged loan. We believe there are significant discrepancies in the debt calculation, and we question the accuracy of the amounts owed. Under XXXX and other federal laws, I also request that this matter be referred for mediation to explore possible remedies and options to avoid further harm. \nXXXX. Legal Action for Invalidating the XXXX XXXX Clear XXXX XXXX and XXXX Mortgage Servicing fail to honor this request and are found to have engaged in deceptive or fraudulent practices, we will pursue all legal and administrative remedies. This includes seeking treble damages and legal fees under XXXX XXXX for consumer protection violations. \nIf the issue remains unresolved within 20 days, we will file a court complaint to challenge the alleged loan, collection, and sale, prevent wrongful title transfer, and seek damages for violations of our rights. \nConclusion This sale was improperly conducted and violated both state and federal law. We demand that Clear XXXX XXXX  immediately review the actions taken in this matter and take corrective steps and rescind the fraudulent sale. We further request that the appropriate accounting records be provided, and that mediation be pursued under both state and federal law. \nPlease respond in writing per State law within 20 days from the date of this letter to confirm your actions to remedy this situation. \nThis letter constitutes our effort to resolve these false claims referenced by Clear XXXX XXXX and XXXXXXXX XXXX XXXXXXXX. No further action shall proceed until the requested documentation and evidence are provided and verified. This letter is not an admittance of debt, nor a full statement of facts, nor a waiver of any rights or remedies available under the law or equity, all of which are expressly reserved. \n\nThank you for your attention to this matter. We look forward to your prompt response. \n\nSincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2025-02-04T07:19:27.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"11934893","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2025-02-04T07:13:12.000Z","state":"WA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["Clear XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to <em>lawful</em> procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions <em>without</em> proper notice, would lead to FDCPA violations. \nXXXX."]},"sort":[9.99405,"11934893"]},{"_index":"complaint-public-v1","_id":"11925094","_score":9.948051,"_source":{"product":"Mortgage","complaint_what_happened":"LEGAL NOTICE - QWR _______________________________________________________________________ Shellpoint Mortgage Servicing Attention : Loss Mitigation Department XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX https : //www.shellpointmtg.com Date of Notice : XX/XX/XXXX Notice to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Wa XXXX XXXX ( XXXX ) XXXX UBI XXXX Service by : Certified Mail Number : XXXX XXXX XXXX XXXX XXXX XXXX Re : Contesting XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX Address previously known as : XXXX XXXX XXXX XXXX XXXX XXXX XXXX WA XXXX Trustee Sale XXXX NTS on XX/XX/XXXX XXXX XXXX XXXX XXXX Washington ( XXXX XXXX ), DISCONTINUED Trustee Sale # XXXX XXXX Title # XXXX, alleged XXXX XXXX XXXX XXXX. \n\nDear Trustee, and XXXX XXXX Department, The trustee has violated their duty under XXXX. This letter constitutes a legal request for the validation of the alleged violations referenced herein, pursuant to the Fair Debt Collection Practices Act ( FDCPA ), XXXX XXXX. XXXX, and the Washington XXXX XXXX XXXX XXXX, XXXX XXXX, and our complaint for relief pursuant to XXXX, XXXX, XXXX XXXX, XXXX XXXX. Pursuant to Washington XXXX Mortgage Broker Practices Act ( XXXX XXXX ) and Consumer Loan Act ( XXXX XXXX ), Trustee and servicer are ordered to Cease and Desist of unlawful eviction and Trustee Sale on XX/XX/XXXX ( Ex A, B ). \nWe are writing to formally contest the XXXX XXXX conducted on XX/XX/XXXX for the property previously known as : XXXX XXXX XXXX XXXX, XXXX, WA XXXX, under Trustee Sale XXXX NTS, and DISCONTINUED Trustee Sale # XXXX. This sale was carried out in violation of both Washington XXXX law and federal law, and we assert that it is invalid for several key reasons. \nXXXX. Failure to Provide Proper Notice ( XXXX XXXX ) Under XXXX XXXX, the XXXX XXXX XXXX XXXX is required to provide proper notice to the XXXX XXXX XXXX, including certified mail and first-class mail at least 20 days prior to the sale. XXXX XXXX XXXX and Shellpoint Mortgage Servicing failed to provide certified notice to the XXXX XXXX XXXX, which is a direct violation of Washington XXXX XXXX and undermines the validity of the sale. Failure to comply with these mandatory notice requirements is a critical defect, rendering the sale voidable. \nXXXX XXXX requires notice to the XXXX XXXX XXXX and not to any other party. The improper notification to a third party, without notice to XXXX XXXX XXXX, exacerbates the violation. \nXXXX XXXX XXXX ( Ex A ) states ; the Trustee caused a copy of said Notice XXXX XXXX 's Sale to be published once between the thirty-fifth and twenty-eighth day before the date of sale, and once between the fourteenth and seventh day before the date of sale in a legal newspaper in XXXX XXXX in which the property or any part thereof is situated : and further, included in this Notice, which was transmitted to or served upon the XXXX or his successor in interest. Trustee failed to provide the XXXX copies of said legal newspaper add. \nXXXX. XXXX XXXX XXXX Acting as the XXXX It has come to our attention that XXXX XXXX XXXX has acted in fraud by effectively acting as the XXXX in this matter, rather than merely serving as the Trustee ( See XXXX A ). As a Trustee, XXXX XXXX XXXX is not authorized to assume the role of the XXXX, which is a clear violation of Trustee duties under XXXX XXXX. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. \nAs a result, XXXX XXXX XXXX actions have rendered the sale illegitimate and in violation of Trustee duties, pursuant to Washington XXXX foreclosure laws, and established contractual obligations outlined in the original Deed of Trust. \nXXXX. Failure to Provide enough time Pursuant to XXXX ( XXXX ) The property described in ( a ) of this subsection XXXX be sold at public auction at a date no less than 150 days in the future if the borrower received a Notice of defaultletter under XXXX. The date of Notice of Trustee 's Sale is XX/XX/XXXX and the date of sale is XX/XX/XXXX. Trustee only allowed 135 days, not the required 150 days. \nXXXX. Lack of Identification under XXXX XXXX XXXX XXXX XXXX ( Ex A ) states ; the Trustee then and there sold at public auction to said Grantee, the highest bidder. Under XXXX XXXX, the XXXX Deed fails to explicitly identify who the XXXX, the highest bidder is. According to the auctioneer there was no bidder online or present at the XXXX that day, so who is the bidder? XXXX Provide legal documentation of the Bidder and how they meet all bidding qualifications of cash payment. XXXX Provide the Trustee XXXX of Sale Receipt. XXXX Pursuant to XXXX provide who is the XXXX and the XXXX in this Auction. \nXXXX. Lack of XXXX under XXXX XXXX XXXX actions are fraudulent and recorded fraudulent documentation which is a state and federal violation. Under XXXX XXXX, an entity must be clearly identified in foreclosure proceedings. The XXXX Notice XXXX XXXX, and Notice XXXX XXXX XXXX, and Deed explicitly defines XXXX, AS HIS SEPARATE ESTATE, as XXXX. Then states that XXXX XXXX is XXXX. Which is it for both those entities are not legally the same. Provide Legal documentation who is XXXX, AS HIS SEPARATE ESTATE. \nFurthermore, the Trustees Deed identifies the XXXX as XXXX XXXX XXXX, which is a clear violation of Trustee duties under XXXX XXXX. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. We demand that you provide documentation proving the legal status and authority of XXXX, AS HIS SEPARATE ESTATE versus XXXX XXXX XXXX as XXXX. \n\nWe also demand that you provide documentation proving the legal status and authority of Shellpoint Mortgage Servicing as the authorized agent. Under XXXX XXXX the designation of an authorized agent should be clearly documented, and the relationship of such an agent must be properly established. \n\nXXXX. Provide additional Information required per law Provide evidence of Trustee recording under XXXX ( XXXX ) Only upon recording the appointment of a successor trustee in XXXX XXXX in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee. Also, according to XXXX XXXX ( XXXX ) and RCW XXXX, the Trustee must have clear authority and title to foreclose. \nIs this foreclosure referencing a trust? If so, please provide the following details : Who is the XXXX? \nWho is the first Trustee and second Trustee, and provide their addresses and direct contact information. \nIf this is regarding a debt owed, who is the Principal XXXX at this time? \nWho is the guarantor at this time? \nXXXX. Federal Violations : RESPA, FDCPA, and XXXX In addition to violations under Washington XXXX XXXX, this sale also appears to be in violation of federal law. \nXXXX Violation of RESPA ( Real Estate Settlement Procedures Act ) Under RESPA ( XXXX U.S.C. XXXX ), Shellpoint Mortgage Servicing as servicers are required to provide accurate and timely information to homeowners regarding their mortgage status, including servicing transfers and foreclosure proceedings. Failure to disclose material facts such as changes in loan servicers or foreclosure information constitutes a violation of RESPA. If XXXX XXXX failed to properly inform us of the foreclosure and related matters, the sale would be deemed invalid under RESPA. \nXXXX. Violation of FDCPA ( Fair Debt Collection Practices Act ) The FDCPA ( XXXX U.S.C. XXXX ) governs debt collection practices, including actions related to foreclosure. XXXX XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to lawful procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions without proper notice, would lead to FDCPA violations. \nXXXX. Violation of XXXX ( Home Affordable Modification Program ) If the alleged loan was eligible for XXXX or any federal loan modification program, the servicer ( and Trustee ) must comply with federal guidelines and offer a loan modification or other alternatives before proceeding with a foreclosure. If XXXX XXXX XXXX or Shellpoint Mortgage Servicing failed to properly assess eligibility for such programs, would violate federal law. \nXXXX. Potential Violations of Washington XXXX and Federal Law Unfair or Deceptive Practices : The Washington XXXX XXXX XXXX under XXXX XXXX and the Fair Debt Collection Practices Act ( FDCPA ) under XXXX U.S.C. XXXX prohibit unfair practices. We request an examination of your deceptive foreclosure practices. \nThe content and delivery of your Notice raise concerns regarding potential violations of both Washington XXXX and federal law, including but not limited to : Identity Theft ( XXXX XXXX ) : If the information provided in the Notice is not accurate or is used to unlawfully threaten foreclosure, this XXXX constitute identity theft. \nFraud ( XXXX XXXX and XXXX XXXX XXXX XXXX - Frauds and Swindles ) : Any intentional misrepresentation of material facts related to the loan or foreclosure process constitutes fraud. Federal law states that whoever devises or intends to devise any scheme to defraud or for obtaining money or property by false or fraudulent pretenses, representations, or promises, and uses the Postal Service or any interstate XXXX in furtherance of such scheme, shall be fined or imprisoned up to 20 years, or both. \nExtortion ( XXXX XXXX ) : Any threats to unlawfully take or withhold property or perform any act intended to harm another persons financial condition or reputation XXXX constitute extortion. \nFalsification of Documents ( XXXX XXXX and XXXX XXXX XXXX XXXX - Uttering Counterfeit Obligations or Securities ) : If any part of the Notice contains falsified information or documents, this would be a violation of Washington XXXX XXXX and XXXX XXXX, which prohibits the uttering of counterfeit obligations or securities. \nXXXX XXXX Rights ( XXXX XXXX XXXX XXXX ) : If there is a conspiracy to infringe upon our rights under the guise of this Notice, it could be a federal offense punishable by fines or imprisonment. \nMisappropriation and Conversion of Private Property ( XXXX XXXX and XXXX XXXX XXXX XXXX ) : Any unauthorized use or conversion of our private property or information for unlawful purposes constitutes a violation of state and federal law. \nXXXX. XXXX for XXXX XXXX XXXX the violations of state law and federal law, we demand an immediate judicial review of this sale. As XXXX XXXX allows for the sale to be contested on these grounds, I request a review of the entire foreclosure process to determine whether it was conducted lawfully under both Washington XXXX law and federal law. If the proper procedures were not followed, we request that the sale be rescinded immediately. \nXXXX. Request for Full Accounting and Mediation Pursuant to XXXX ( XXXX ) ( XXXX ) An itemized account of all other specific charges, costs, or fees that the borrower, XXXX, or any guarantor is or XXXX be obliged to pay to reinstate the deed of trust before the recording of the notice of sale ; ( f ) A statement showing the total of ( d ) and ( XXXX ) of this subsection, designated clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the notice of sale. This was not provided in the Notice of Default and Notice XXXX XXXX XXXX. \nTherefore we formally request a full accounting of all amounts due on the alleged loan. We believe there are significant discrepancies in the debt calculation, and we question the accuracy of the amounts owed. Under XXXX and other federal laws, I also request that this matter be referred for mediation to explore possible remedies and options to avoid further harm. \nXXXX. Legal Action for Invalidating the XXXX XXXX XXXX XXXX XXXX and Shellpoint Mortgage Servicing fail to honor this request and are found to have engaged in deceptive or fraudulent practices, we will pursue all legal and administrative remedies. This includes seeking treble damages and legal fees under XXXX XXXX for consumer protection violations. \nIf the issue remains unresolved within 20 days, we will file a court complaint to challenge the alleged loan, collection, and sale, prevent wrongful title transfer, and seek damages for violations of our rights. \nConclusion This sale was improperly conducted and violated both state and federal law. We demand that XXXX XXXX XXXX immediately review the actions taken in this matter and take corrective steps and rescind the fraudulent sale. We further request that the appropriate accounting records be provided, and that mediation be pursued under both state and federal law. \nPlease respond in writing per State law within 20 days from the date of this letter to confirm your actions to remedy this situation. \nThis letter constitutes our effort to resolve these false claims referenced by XXXX XXXX XXXX and Shellpoint Mortgage Servicing. No further action shall proceed until the requested documentation and evidence are provided and verified. This letter is not an admittance of debt, nor a full statement of facts, nor a waiver of any rights or remedies available under the law or equity, all of which are expressly reserved. \n\nThank you for your attention to this matter. We look forward to your prompt response. \n\nSincerely, XXXX XXXX XXXX Enclosures : XXXX A, B, C CC : WA XXXX, CFPB, IRS, WA XXXX, WA XXXX, WA XXXX, WA XXXX","date_sent_to_company":"2025-02-04T07:10:53.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"11925094","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2025-02-04T07:02:52.000Z","state":"WA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to <em>lawful</em> procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions <em>without</em> proper notice, would lead to FDCPA violations. \nXXXX."]},"sort":[9.948051,"11925094"]},{"_index":"complaint-public-v1","_id":"7558870","_score":9.092484,"_source":{"product":"Mortgage","complaint_what_happened":"Im getting notices from Mortgage Servicer Shellpoint Mortgage Servicing ( Shellpoint ) and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) threatening me with foreclosure. Shellpoint and XXXX falsely represented to Borrower that their ( Shellpoints ) attorney was meaningfully involved in preparing and filing the foreclosure action ( Recording NOD NOT ), violating the Fair Debt Collection Practices Acts ( FDCPA ) prohibition against collecting debts by using false, deceptive, or misleading representations and the Consumer Financial Protection Acts prohibition against deceptive acts and practices. The mortgage Note and Deed of Trust ( DOT ) & Assingnments of DOT in question was originated by XXXX XXXX XXXX XXXX XXXX XXXX. This Mortgage Loan was originated on XX/XX/XXXX. The Deed of Trust listed XXXXXXXX XXXX XXXX as the lender, XXXX XXXX, XXXX. as the trustee. I was a borrower of this Mortgage XXXX. The Deed of Trust identifies me as the Borrower. I sent documents to Shellpoint numerous times. In XXXX, I sent Notice of Error ( NOE ) and Request for Information ( RFI ) to Mortgage Loan Servicer Shellpoint Mortgage Servicing ( Shellpoint ). Shellpoint Mortgage Servicing is a division of Newrez LLC. ( Newrez ). Shellpoint responded to my NOE & RFI. However, Shellpoint did not answer most of my NOEs & RFIs. Shellpoints deficient foreclosure policies and procedures violate Regulation X. They failed to ensure that Shellpoint receives accurate and current information reflecting its foreclosure attorneys actions. In fact, Shellpoint has failed to accurately maintain foreclosure-related information necessary to ensure that it provides borrower with required foreclosure protections. As a result of these and other failures, Shellpoints Trustee XXXX  have wrongfully initiated foreclosure proceedings. Shellpoint and XXXX sent me an inaccurate payoff quote that caused the borrowers pending property sale to fall through. Shellpoint failed to comply with foreclosure restrictions in Regulation X and other federal and state restrictions in order to ensure that homeowner has an opportunity to save my home before foreclosure is initiated. I found that Shellpoint provided inaccurate descriptions of payments and transaction information, which may have misled borrower. This is unfair practice and violation by mortgage servicer Shellpoint. Shellpoint violated the RESPA, which prohibits, among other things, providing something of value to any person with an agreement or understanding that the person will refer real estate settlement services. Mortgage Servicers must comply with the error resolution and information requests provision. Shellpoint has failed to protect borrower when it has made servicing errors. Shellpoints errors at loan servicing stage have made it even more important that the company adequately investigate and respond to me complaints and notices of errors & request for information. These functions can act as a safety net to catch borrowers before borrower further harmed by a servicers unlawful conduct. Here, too, Shellpoint has failed. Shellpoint has routinely failed to reasonably investigate, and, when appropriate, make corrections in response to me complaints and notices of errors & request for information. These failures have caused serious harm to me. As a result of Shellpoints above policies and procedures, which also apply to NOEs, Shellpoint has failed to conduct reasonable investigations and/or, where appropriate, make corrections of errors in my Notice of Error & Request for Information. Shellpoint has not responded to all notice of errors or information request that I sent. Shellpoint failed to provide my Request for Information ( RFI ) and Shellpoint also failed to correct errors in Notice of Default, Broken Chain of Title, etc. Shellpoint, BNYM Certificate, Foreclosure Trustee did not file rescission of notice of default. Shellpoint just stated the Owner of Mortgage Loan is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint is acting on the BNYM Certificate 's behalf. Mortgage Loan Servicers and Trustee violated various state and federal laws in initiating a non-judicial foreclosure of subject property. Mortgage Loan Servicers participated and conspired with XXXX XXXX in the FRAUDULENT TRANSFER ( Fraudulent Assignments of Deed of Trust ) of the Subject Property. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) suddenly appeared in foreclosure actions ( recorded Notice of Default, Notice of Trustees Sale ). XXXX called themselves Trustee. Notice of Default was filed in XXXX, listing XXXX as the XXXX for XXXX. Notice of Default was executed on XX/XX/XXXX by XXXX XXXX acting as authorized agent for XXXX. Shellpoint and XXXX do not have the authority to foreclose on my home because Shellpoint, XXXX XXXX and XXXX do not own the note, have not followed proper foreclosure procedures, have not complied with certain statutory mandates, and XXXX XXXX. I believe my original mortgages debt was satisfied and XXXX lost any beneficial interest in my mortgage when my mortgage securitized the note and sold it to third parties and documents effecting the foreclosure process were invalid because they were improperly recorded and/or signed by someone who lacked the requisite personal knowledge and/or authority to sign. Gap in the chain of title prior to assignment of deed of trust causes the assignment and assigned deeds to be void. Assignment of the Loan is a fraud and forgery and, even if it were not, there is broken chain of assignments from XXXX to XXXX XXXX. Assignment to XXXX XXXX is invalid and demonstrates a break in the chain of assignments of the Deed of Trust and Note. Shellpoint or XXXX XXXX thus has no standing to foreclose as a real party in interest. Shellpoint, XXXX XXXX and XXXX failed to timely inform me of any alleged Appointments, Assignments and transfers of the mortgage in violation of RESPA. Shellpoint, XXXX XXXX and XXXX failed to timely notify me of any change of servicers, and I have made written demands to Shellpoint to show evidence of standing to claim a debt but Shellpoint, XXXX XXXX and XXXX have refused to evidence such standing. XXXX and Shellpoint are without standing to pursue this foreclosure action. XXXX XXXX Shellpoint have represented that XXXX XXXX owns and holds the note and mortgage. However, XXXX Certificates assignments of the Mortgage or Deed of Trust ( Assignments ) were executed by a legal entity that was no longer in existence on the date the document was executed. Assignments of the mortgage or Deed of Trust were executed by an entity whose name is different from the entity named in the original document. XXXX XXXX does not have an interest in the property because the assignments of original Deed of Trust were not properly executed for a variety of reasons. Assignments of the mortgage from XXXX to XXXX XXXX had been robo-signed. Every robo-signed document is XXXX as a matter of law. The assignment ( recorded in XXXX ) was void because XXXX XXXX XXXX was a robo-signer. XXXX XXXX also lacked authority to act on behalf of XXXX or XXXX, therefore the XXXX assignment was unauthorized. It appears to have been executed on behalf of MERS by the same person, XXXX XXXX, who executed the assignments on behalf of XXXX XXXX XXXXXXXX and other companies. I discovered the signature of \" XXXX XXXX XXXX '' but with many different titles of multiple entities. On XX/XX/XXXX, XXXX XXXX signed for XXXX XXXX XXXXXXXX As Attorney In Fact for XXXXXXXX XXXX XXXX by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. On XX/XX/XXXX, XXXX signed for XXXX XXXXXXXX XXXX As Attorney In Fact for XXXX XXXX XXXX  by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. At the same period of time ( On or about XX/XX/XXXX ), XXXX XXXX signed for Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX, Successor By Merger to XXXX XXXX XXXXXXXX Its Successor and Assigns as Assistant Secretary ( XXXX Assignment of Deed of Trust ). XXXX XXXX signed this XXXX Corrective Assignment of Deed of Trust ( Subject Property ). XXXX XXXX, who signed the XXXX assignment, as Assistant Secretary of Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), appears to be the same individual who claimed to be both Assistant Secretary of XXXX and Assistant Vice President of XXXX XXXX XXXXXXXX. The intervening assignments are invalid because the individual who \" robo-signed '' the assignment on behalf oXXXX XXXX XXXX XXXX XXXX fraudulently held herself out as assistant secretary for XXXX when she was instead an employee of XXXX XXXX XXXXXXXX XXXX XXXX companies. Signature must be signed by a XXXX XXXX XXXX acting within the scope of his/her authority from XXXX Title must be one he/she holds as a real officer of XXXX. XXXX XXXX is not real officer of XXXX. A signer XXXX XXXX actually lacked an agency relationship with XXXX XXXX XXXX also signed the documents ( Assignments of Deed of Trust ) on behalf of many other companies/different entities. This Robo-signed XXXX assignment ( Subject Property ) is void and invalid. XXXX is a XXXX XXXX created by the mortgage banking institutions that used to be lenders and are now servicers the pretender-lenders. XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee. XXXX is described as the nominee for the specifically named lender who is just an originator selling a financial product as described above. XXXX  is used as a cover-up. It effectively hides the title gap in plain sight. The execution of an assignment or corrective assignment presumes that it is acting as an agent for whoever is currently named as the claimant, beneficiary. But no such agency exists in fact or at law. The execution of a security instrument ( mortgage or loan ) by a self-proclaimed servicer ( which performs no servicing duties with respect to receipts data processing and disbursement of money from homeowners ) on behalf of a new entity appointed to be the claimant, beneficiary. But the execution of the assignment by XXXX  on behalf of XXXX after the collapse of countrywide. it does not exist. And XXXX XXXX XXXX did not acquire any ownership interest in any homeowner transactions because countrywide didnt own any such interest. So while XXXX XXXX XXXX was a successor to XXXX, the foreclosure team is relying on appearances in order to get the court to presume that the merger created a transfer of the ownership of the unpaid nonexistent loan account receivable of the mortgage rights from XXXX as originator to XXXX XXXX XXXXXXXX. In such mergers, there is no Mortgage Loan Schedule, nor any written assignment of mortgage. Since the law requires the assignment, the presumption that the transfer could occur without an assignment of mortgage is erroneous. The document is supposedly executed by someone calling themselves an assistant secretary. But note that it does not say that the signor ( XXXX XXXX ) was the assistant secretary of XXXX. There is mention of XXXX  it includes the phrase its successors and assigns such that it is unclear from the grammar utilized whether there is a successor to XXXX  or a successor for the principal in the agency agreement between XXXX and the originator ( XXXXXXXX XXXX XXXX. But there is no succession to either one unless ( a ) someone bought or merged with XXXX or ( b ) someone bought loan accounts receivable from XXXX. Such a sale wouldve been impossible because, by the time of the merger, XXXX had only reserved servicing rights which really only meant the claim to receive servicer advances upon liquidation of a foreclosed property. So there is no XXXX successor and there is no XXXX successor as it relates to either the actual presumed transfer of the alleged underlying obligationXXXX XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the promissory note underlying the security instrument for which it serves as nomineeXXXX XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee Theres No document authorizing XXXX, as nominee for the original lender ( XXXX ), to assign the subject mortgage to the foreclosing trustee. Hence, XXXX lacked authority as mere nominee to assign my mortgage, making any assignment from original lender or XXXX  defective. XXXX, as the nominee not only lacks authority to assign the mortgage, but can not demonstrate the trustees knowledge or assent to the assignment by XXXX to the foreclosure trustee. Any attempt to transfer the beneficial interest of a trust deed without actual ownership of the underlying note, is void under law. XXXX XXXX signed for this XXXX XXXX. XXXX XXXX signed for false beneficiary and MERS illegally named as Assignee/Beneficiary. XXXX named Mortgage XXXX ( XXXX XXXXXXXX XXXX etc. ) as Assignee in XXXX Assignment. XXXX assigned to False Beneficiary/False Assignee or An Impossible Beneficiary. See XXXX XXXX XXXX ( stating a servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation ) XXXX XXXX signed the Assignment of Deed of Trust recorded on XX/XX/XXXX. In XXXX, XXXX XXXX signed the assignment as an XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as Trustee for the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX  Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX XXXX can not be Vice President and Assistant Secretary for this Nonexistent Trust. There is no trust officer appointed by this Nonexistent Trust to actively manage the affairs of the trust. XXXX XXXX should indicate the real company she works for. And XXXX XXXX should indicate her real title of company she works for. I found XXXX XXXX on XXXX. XXXX XXXX profile page on XXXX identifies her as an employee of XXXX XXXX XXXX XXXX XXXX A robo-signed assignment is a void assignment, and a void assignment unravels the entire nonjudicial foreclosure. The Bank and Mortgage Servicer acted with malice by recording ( themselves ) an assignment of an interest it knew it did not possess, fully aware that the ensuing Notice of Default ( XXXX ) and all that followed were void. XXXX XXXX & XXXX XXXX fraudulently executed the assignment and XXXX XXXX & XXXX XXXX were nothing more than what has come to be known as robo-signer-an individual who simply signs thousands of property record documents without any legal or corporate authority whatsoever. XXXX XXXX and XXXX XXXX had signed the assignment on behalf of XXXX ( or beneficiary ) without adding behalf of and/or \" as attorney in fact '' the chain of title would be broken, or the assignment would be facially defective. There is no proof of authority anywhere on the document, indicating that XXXX XXXX ( the signer ) & XXXX XXXX ( the singer ) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents. Therefore, these assignments were void since a void assignment lacks any legal effect. XXXX XXXX and XXXX XXXX XXXX ( robo-signers ) signed notarization of these Assignments. These Mortgage assignments with signatures of individuals ( XXXX XXXX & XXXX XXXX ) signing as corporate officers for corporations that never employed them in any such capacity. Contracts that are entered into by someone without capacity, impossible contracts, contracts against public policy and contracts for illegal acts are void contracts. Assignments of the trust deed from the original mortgage holder ( XXXX  ) to XXXX XXXX were void and therefore the foreclosure Notices ( Recording NOD NTS, etc. ) were invalid or void. XXXX XXXX lacked standing to bring the foreclosure action because it was not the owner of the Note when it filed the XXXX foreclosure action ( NOD ). These assignments were improperly executed by \" robo signing agents or robo-signer '' and thus XXXX XXXX \" does not have lawful ownership or a security interest in my home. Shellpoint does not have standing to foreclose on the subject property as it is not the holder in due course of the subject loan. I'm a victim of robo-signing. A valid Substitution of Trustee has never been made by a beneficiary with authority to appoint a successor trustee which states, The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee. The recorded Substitution of Trustee fails to meet the requirements in that no document has ever been acknowledged that substitutes or appoints a trustee by an authorized Beneficiary or its agent. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. A valid Substitution of Trustee to XXXX has never been made in accord with any contractual provision, California statute. Therefore, the Notice XXXX XXXX XXXX is void as the cited Trustee has never been authorized to exercise a power of sale against the property. The XXXX Notice of Default was thus defective because it was recorded by an entity not yet properly substituted as the trustee. See Cal. Civ. Code Section 2934a ( stating that a trustee is properly substituted by the recording of a s substitution ) CCC Section 2934a ( b ) ( stating that if the substitution is executed prior to or concurrently with the recording of a Notice of Default, then Notice of the Substitution must be mailed on or before that recording date ) Section 2934a ( b ) requires that a Notice of Substitution of Trustee include notice of actual substitution. See Cal. Civ. Code Section 2934a ( b ) ( stating that the beneficiary or their authorized agent shall cause notice of the substitution to be mailed ) Here, XXXX was never substituted as the trustee, all actions taken by XXXX were invalid. Substitution of Trustee was never executed. Substitution of Trustee was never mailed. Substitution of Trustee was never recorded. This is in clear Violation of Section 2934a & 2934a ( b ). Since theres No Substitutions of Trustee ( Theres No appoint to new trustee XXXX ), XXXX can not file Notice of Default ( NOD ), Notice of Trustees Sale ( NOT ) against subject property. NOD recorded on XX/XX/XXXX and Notice of Trustees Sale ( NOT ) recorded on XX/XX/XXXX. Recordation of the NOD ( XXXX ) and NOT ( XXXX ) were Void because XXXX NOD & XXXX NOT were not executed by authorized Trustee. XXXX & Shellpoint knew all these assignments of deed of trust, XXXX NOD, and XXXX NOT were void, invalid, and fraudulent. Only the original trustee ( XXXX ) or a properly substituted trustee may carry out a foreclosure, and substitutions of trustee must be recorded. Without a proper substitution of trustee, any foreclosure procedures ( including sales ) initiated by an unauthorized trustee are void. XXXX has No authority to sell my property. I face the prospect of losing my home due to the actions of an entity that has no power to foreclose because it does not own my Deed of Trust. There is no evidence as to what rights if any XXXX XXXX had in the subject Note and Deed of Trust or its relationship with XXXX. This defect was so substantial that it broke the chain of title and rendered the foreclosure sale void. Endorsement to the Mortgage Note : A copy of the original Note made payable to the originator is offered as evidence. Although there is adequate room on the note, no endorsement appears on the Note. An unattached Endorsement Allonge is offered with no explanation as to why an allonge is necessary given that there is adequate room on the note for an endorsement. Nothing standing the lack of an endorsement on the actual note, the Endorsement allonge is not clear, not XXXX XXXX. Shellpoint, XXXX XXXX and XXXX have offered no competent evidence of standing : No Valid and No Certified Copy of Assignment of Deed of Trust. No endorsed Note to XXXX XXXX and no proof of Delivery Note. XXXX XXXX lacks standing, is not a Real Party in Interest, and offered no evidence that it is the current holder of the mortgage Note. No Certified Assignment is offered. The copy of the mortgage Note offered by the XXXX XXXX does not include a valid endorsement, in blank or otherwise nor any proof of acceptance or delivery of the note. Heres Assignments of DOT History. The Assignment ( recorded XX/XX/XXXX ), assigned to The Bank XXXX New York, As Trustee for the Benefit of XXXX XXXX XXXXXXXX XXXX XXXX XXXX-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The assignment ( recorded XX/XX/XXXX ), assigned to Bank XXXX New York XXXX XXXX XXXX Bank XXXX New York, as Trustee for XXXX XXXX XXXX, XXXX, XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. Corrective Assignment of Deed of Trust ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX. However Shellpoint stated the owner of loan is XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The name of the owner of the loan is different from Assignments of Deed of Trust. They added the XXXX XXXX XXXX XXXX XXXX XXXX in assignee name themselves. Theres no XXXX XXXX XXXX XXXX XXXX XXXX in Assignments of Deed of Trust. They created this fake name/fake entity without recording the Assignment of Deed of Trust XXXX XXXX XXXX XXXX XXXX Shellpoint stated Current Beneficiary full name ( owner of mortgage loan ) is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint and XXXX should explain why XXXX beneficiary ( XXXX XXXX ) full name is different from Assignments beneficiaries ( XXXX, XXXX, XXXX ). Please read all assignments of DOT carefully. XXXX XXXX full name is different from these Assignments beneficiaries full name. There is no identification of the certificates nor any identification of the holders of the certificates. The certificates do not convey any right, title or interest to any debt, note or mortgage, nor any payment or proceeds arising from any loan. Thus no claim could be made for a loss on an investment that does not exist. There is no investment in loans directly or indirectly. There is no representative capacity. XXXX does not represent the interests of investors in the certificates. XXXX XXXX has no powers of administration, collection or enforcement over any debt, note or mortgage and in fact has no right to even make an inquiry as to the status of any loan. Neither XXXX XXXX nor the implied trust have ever paid value for the underlying dead, they could not possibly own the mortgage and therefore could not possibly authorize enforcement. The use of the name of XXXX XXXX might be authorized in an agreement with an investment bank to use the XXXX XXXX XXXX XXXX XXXX XXXX XXXX name as part of a license agreement, but such an agreement violates existing law by naming a party as an entity who has no claim. Since that is an agreement to violate the law, the authorization is a legal nullity. And that obviously means that the Foreclosure bill did not have any real authority or any contract under which it was authorized to file a foreclosure action that had a XXXX XXXX XXXX XXXX XXXX XXXX or any trust or any investors. Loan Servicer Shellpoint has no operative relationship with XXXX XXXX because the named XXXX XXXX has no claim. Mortgage XXXX Shellpoint XXXX have some agency with XXXX XXXX but that does not create the rights they seek to enforce. Bank XXXX New York XXXX as trustee for the certificate holders is an exercise in deceit and fraud. XXXX XXXX is not making any appearance despite its name appearing in the title of the document or case. It is named as being a trustee which means by definition that it is not appearing on its own behalf but rather appearing on behalf of a trust. There is never any allegation in XXXX Certificates foreclosure action that states that the trust was organized and existing under the laws of some U.S. jurisdiction. FOR THE CERTIFICATE HOLDERS IS A DEAD GIVE-AWAY THAT THERE IS NO CREDITOR BNYM IS NOT A TRUSTEE FOR ANY CERTIFICATE HOLDERS BECAUSE THE CERTIFICATE HODLERS ARE NOT BENEIFICAIRIES OF ANY TRUST. Upon reviewing all of the Recorded Deeds, the Chain of Title clearly reflects that XXXX XXXX was never granted title by A VALID GRANTOR. Therefore, Shellpoint and XXXX had no authority to prosecute the foreclosure action. Clearly, Shellpoint and XXXX XXXX have failed to show standing and a proper chain of title of the note. Shellpoint, XXXX XXXX and XXXX have demonstrated that it lacks the right to initiate the pending non-judicial foreclosure. As Shellpoint has failed to meet its burden of proof to establish standing, the foreclosure on XX/XX/XXXX must be cancelled. XXXX instituted non-judicial foreclosure proceedings on a subject property. XXXX was not the trustee named in the deed of trust, so under XXXX XXXX XXXX, XXXX was required to record a Substitution of Trustee, but failed to do so. Failure to comply with state and federal law can result in serious consequences for the loan servicer Shellpoint. XXXX was not formally named as trustee until after they recorded the XXXX Notice of Default and XXXX Notice of Trustees Sale. Valid Mortgage holders did not execute a substitution formally naming the trustee delivering the XXXX Notice of Default as the substitute trustee until today. They didnt correct assignment before recording XXXX NOD against subject property. They must explain why entities full names in assignment of DOT are different from XXXX XXXX. Shellpoint and XXXX XXXX have no right to foreclose on my property because the last recorded assignment of deed of trust reflects that XXXX is the beneficiary, and not BNYM Certificate. See Assignment. XXXX XXXX and Shellpoint violated Cal. Civ. Code Section 2932.5 because they do not have the power of sale and have not demonstrated legal standing to foreclose upon subject property. The entity that issued the NOD to me on XX/XX/XXXX, acted before it had legal authority to do so pursuant to an assignment of the deed of trust. The foreclosing parties had no actual authority to foreclose my home. The foreclosing party did not have a recorded assignment in place under section XXXX, which XXXX XXXX was not actual the beneficiary and XXXX was not an authorized agent of beneficiary or trustee. It appears XXXX is attempting to act as agent to Servicer Shellpoint, but it is unclear on behalf of what entity it was acting and whether said entity had any interest in the subject property. The foreclosure was not initiated by the correct party. At the time of NOD ( XXXX ), there had been no assignment to XXXX XXXX. The wrong parties issued the Notice XXXX XXXX. The threat of foreclosure by wrong party is sufficient to constitute prejudice to the homeowner because there is no power of sale without a valid Notice of Default. I was harmed by not knowing the true of Note. I was harmed by not being able to name the real party of interest. The XXXX Assignment & XXXX Assignment were void, and therefore the XXXX Notice of Default ( NOD ), and XXXX Trustee 's Sale Notice, were void. Theres No Substitute Trustee and therefore XXXX Notice of Default and XXXX Notice of Trustees Sale were void. Shellpoint, XXXX XXXX, XXXX did not have standing to foreclose on the Subject Property because none of them was the lender under the Loan, the holder of the Note, or the holder of a beneficial interest in the Deed of Trust. Again, ( 1 ) The assignment of the deed of trust to XXXX XXXX was unlawfully recorded and void. ( XXXX ) The substitution of the trustee from XXXX to XXXX was void. ( XXXX ) The Notice of Default ( NOD ) was unlawfully recorded in XXXX. Defects in the foreclosure process and the authority of XXXX to foreclose on my property. XXXX XXXX and Shellpoint lacked authority to appoint the XXXX XXXX. Foreclosure actions of Shellpoint and XXXX have resulted in borrower being threatened with the loss of the property. Shellpoint and XXXX intentionally, knowingly and recklessly misrepresented to me those agents of Shellpoint and XXXX were entitled to exercise the power of sale provision contained in the Deed of Trust. In fact, Shellpoint, XXXX XXXX, and XXXX were not entitled to do so and have no legal, XXXX, or actual beneficial interest whatsoever in the subject property. Shellpoint, XXXX XXXX and XXXX began their fraudulent foreclosure proceedings, Shellpoint, XXXX XXXX, and XXXX were not acting in good faith while attempting to collect on the subject debt. Shellpoint, XXXX XXXX and XXXX committed the acts set forth above with complete ; utter and reckless disregard of the probability of causing homeowner ( me ) to suffer severe emotional distress. As an actual and proximate cause of Shellpoint, XXXX XXXX and XXXX attempt to fraudulently foreclose on my home or claim of the right to foreclose on my home, I have suffered severe emotional distress, including but not limited to lack of sleep, XXXX XXXX XXXXXXXX. Shellpoint and XXXX committed fraud by filing a fraudulent assignment of mortgage from XXXX to Shellpoint ( as servicer ). XXXX filed NOD with actual knowledge that the averments and representations made in those papers were false. XXXX had actual knowledge of the falsity of any averments and representations made on behalf of the current servicer of the mortgage. Throughout the foreclosure action, Shellpoint and XXXX have represented that XXXX XXXX owns and holds the note and mortgage. I request a determination of the rights, obligations and interest of the parties with regard to the subject property, and such determination is necessary and appropriate at this time under circumstances so that all parties may ascertain and know their rights, obligations and interests with regard to the property. I request a determination of the validity of the Trust Deeds as of the date the Notes were assigned without a concurrent assignation of the underlying Trust Deeds. I request a determination of the validity the Notice of Default ( XXXX NOD ). I request a determination of whether Shellpoint, XXXX XXXX and XXXX have authority to foreclose on subject property ( my property ).","date_sent_to_company":"2023-09-16T05:06:01.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"92833","tags":null,"has_narrative":true,"complaint_id":"7558870","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2023-09-16T03:41:04.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["Again, ( 1 ) The assignment of the deed of trust to XXXX XXXX was <em>unlawfully</em> recorded and void. ( XXXX ) The substitution of the trustee from XXXX to XXXX was void. ( XXXX ) The Notice of Default ( NOD ) was <em>unlawfully</em> recorded in XXXX. Defects in the foreclosure process and the <em>authority</em> of XXXX to foreclose on my property. XXXX XXXX and Shellpoint lacked <em>authority</em> to appoint the XXXX XXXX."]},"sort":[9.092484,"7558870"]},{"_index":"complaint-public-v1","_id":"7560143","_score":8.736398,"_source":{"product":"Mortgage","complaint_what_happened":"Im getting notices from Newrez LLC also known as Shellpoint Mortgage Servicing ( Newrez/Shellpoint ) and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) threatening me with foreclosure. Newrez/Shellpoint and XXXX falsely represented to Borrower that Newrez/Shellpoints attorney was meaningfully involved in preparing and filing the foreclosure action ( Recording Notice of Default ), violating the Fair Debt Collection Practices Acts ( FDCPA ) prohibition against collecting debts by using false, deceptive, or misleading representations and the Consumer Financial Protection Acts prohibition against deceptive acts and practices. The mortgage Note and Deed of Trust ( DOT ) & Assingnments of DOT in question was originated by XXXX XXXX, XXXX ( XXXX ). This Mortgage Loan was originated on XX/XX/XXXX. The Deed of Trust listed XXXX XXXX, XXXX as the lender, XXXX XXXX, XXXX. as the trustee. The Deed of Trust identifies me as the Borrower. I was a borrower of this Mortgage Loan. I sent documents to Shellpoint numerous times. In XXXX, I sent Notice of Error ( NOE ) and Request for Information ( RFI ) to Shellpoint Mortgage Servicing ( Shellpoint ). Shellpoint Mortgage Servicing is a division of Newrez LLC ( Newrez ). Shellpoint responded to my NOE & RFI. However, Shellpoint did not answer most of my NOEs & RFIs. Shellpoints deficient foreclosure policies and procedures violate Regulation X. Newrez/Shellpoint failed to ensure that Shellpoint receives accurate and current information reflecting its foreclosure attorneys actions. In fact, Shellpoint has failed to accurately maintain foreclosure-related information necessary to ensure that it provides borrower with required foreclosure protections. As a result of these and other failures, XXXX have wrongfully initiated foreclosure proceedings. Shellpoint and XXXX sent me an inaccurate payoff quote that caused the borrowers pending property sale to fall through. Shellpoint failed to comply with foreclosure restrictions in Regulation X and other federal and state restrictions in order to ensure that homeowner has an opportunity to save my home before foreclosure is initiated. I found that Shellpoint provided inaccurate descriptions of payments and transaction information, which may have misled borrower. This is unfair practice and violation by Shellpoint. Newrez/Shellpoint violated the RESPA, which prohibits, among other things, providing something of value to any person with an agreement or understanding that the person will refer real estate settlement services. Mortgage Servicer must comply with the error resolution and information requests provision. Shellpoint has failed to protect borrower when it has made servicing errors. Shellpoints errors at loan servicing stage have made it even more important that the company adequately investigate and respond to me Notices of Errors & Request for Information. These functions can act as a safety net to catch borrowers before borrower further harmed by a servicers unlawful conduct. Here, too, Shellpoint has failed. Shellpoint has routinely failed to reasonably investigate, and, when appropriate, make corrections in response to me Notices of Errors & Request for Information. These failures have caused serious harm to me. As a result of Shellpoints above policies and procedures, which also apply to NOEs, Shellpoint has failed to conduct reasonable investigations and/or, where appropriate, make corrections of errors in my Notice of Error & Request for Information. Shellpoint has not responded to all notice of errors or information request that I sent. Shellpoint failed to provide my RFI and Shellpoint failed to correct errors in Notice of Default. They failed to correct Broken Chain of Title, etc. Shellpoint and XXXX did not file Rescission of Notice of Default. Shellpoint just stated the Owner of Mortgage Loan is The XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint is acting on the XXXX XXXX 's behalf. XXXX violated various state and federal laws in initiating a non-judicial foreclosure of subject property. Shellpoint participated and conspired with XXXX XXXX in the FRAUDULENT TRANSFER ( Fraudulent Assignments of Deed of Trust ) of the Subject Property. XXXX suddenly appeared in foreclosure actions ( recorded Notice of Default, Notice of Trustees Sale ). XXXX called themselves Trustee. Notice of Default ( NOD ) was filed in XXXX, listing XXXX as the XXXX for XXXX. NOD was executed on XX/XX/XXXX by XXXX XXXX acting as authorized agent for XXXX. Shellpoint and XXXX  do not have the authority to foreclose on my home because Shellpoint, XXXX XXXX and XXXX do not own the note, have not followed proper foreclosure procedures, have not complied with certain statutory mandates. I believe my original mortgages debt was satisfied and XXXX lost any beneficial interest in my mortgage when my mortgage securitized the note and sold it to third parties and documents effecting the foreclosure process were invalid because they were improperly recorded and/or signed by someone who lacked the requisite personal knowledge and/or authority to sign. Gap in the chain of title prior to assignment of deed of trust causes the assignment and assigned deeds to be void. These Assignments of Mortgage Loan is a fraud and forgery and, even if it were not, there is broken chain of assignments from XXXX to XXXX XXXX. Assignment to XXXX XXXX is invalid and demonstrates a break in the chain of assignments of the Deed of Trust and Note. Shellpoint, XXXX XXXX and XXXX thus has no standing to foreclose as a real party in interest. Shellpoint, XXXX XXXX and XXXX failed to timely inform me of any alleged Appointments, Assignments and transfers of the mortgage in violation of RESPA. Shellpoint, XXXX XXXX and XXXX failed to timely notify me of any change of servicers, and I have made written demands to Shellpoint to show evidence of standing to claim a debt but Shellpoint, XXXX XXXX and XXXX have refused to evidence such standing. XXXX and Shellpoint are without standing to pursue this foreclosure action. XXXX XXXX Shellpoint have represented that XXXX XXXX owns and holds the note and mortgage. However, XXXX Certificates Assignments of the Mortgage or Deed of Trust ( Assignments ) were executed by a legal entity that was no longer in existence on the date the document was executed. Assignments of the mortgage or Deed of Trust were executed by an entity whose name is different from the entity named in the original document. XXXX XXXX does not have an interest in the property because the assignments of original Deed of Trust were not properly executed for a variety of reasons. Assignments of the mortgage from XXXX to XXXX XXXX had been robo-signed. Every robo-signed document is XXXX as a matter of law. The assignment ( recorded in XXXX ) was void because XXXX XXXX XXXX was a robo-signer. XXXX XXXX also lacked authority to act on behalf of XXXX or XXXX, therefore the XXXX assignment was unauthorized. It appears to have been executed on behalf of XXXX  by the same person, XXXX XXXX, who executed the assignments on behalf of XXXX XXXX XXXXXXXX and other companies. I discovered the signature of \" XXXX XXXX XXXX '' but with many different titles of multiple entities. On XX/XX/XXXX, XXXX XXXX signed for XXXX  XXXX XXXX As Attorney In Fact for XXXX XXXX, LLC by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. On XX/XX/XXXX, XXXX signed for XXXX XXXX XXXX As Attorney In Fact for XXXX XXXX, LLC by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. At the same period of time ( On or about XX/XX/XXXX ), XXXX XXXX signed for XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX, Successor By Merger to XXXX Bank, XXXX Its Successor and Assigns as Assistant Secretary ( XXXX Assignment of Deed of Trust ). XXXX XXXX signed this XXXX Corrective Assignment of Deed of Trust ( Subject Property ). XXXX XXXX, who signed the XXXX assignment, as Assistant Secretary of XXXX  XXXX XXXX XXXX XXXX XXXX ( XXXX  ), appears to be the same individual who claimed to be both Assistant Secretary of XXXX  and Assistant Vice President of XXXX  XXXX XXXX. The intervening assignments are invalid because the individual who \" robo-signed '' the assignment on behalf of XXXX, XXXX XXXX XXXX XXXX held herself out as Assistant Secretary for XXXX  when she was instead an employee of XXXX XXXX  XXXX and/or other companies. Signature must be signed by a XXXX XXXX XXXX acting within the scope of his/her authority from XXXX. Title must be one he/she holds as a real officer of XXXX. XXXX XXXX is NOT real officer of XXXX. A signer XXXX XXXX actually lacked an agency relationship with XXXX. XXXX XXXX also signed the documents ( Assignments of Deed of Trust ) on behalf of many other companies/different entities. This Robo-signed XXXX assignment ( Subject Property ) is void and invalid. XXXX  is a shell corporation created by the mortgage banking institutions that used to be lenders and are now servicers the pretender-lenders. XXXX  has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX  has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee. XXXX  is described as the nominee for the specifically named lender who is just an originator selling a financial product as described above. XXXX  is used as a cover-up. It effectively hides the title gap in plain sight. The execution of an assignment or corrective assignment presumes that it is acting as an agent for whoever is currently named as the claimant, beneficiary. But no such agency exists in fact or at law. The execution of a security instrument ( mortgage or loan ) by a self-proclaimed servicer ( which performs no servicing duties with respect to receipts data processing and disbursement of money from homeowners ) on behalf of a new entity appointed to be the claimant, beneficiary. But the execution of the assignment by XXXX  on behalf of XXXX after the collapse of XXXX. it does not exist. And XXXX  XXXX XXXX did not acquire any ownership interest in any homeowner transactions because XXXX  didnt own any such interest. So while XXXX  XXXX XXXX was a successor to XXXX, the foreclosure team is relying on appearances in order to get the court to presume that the merger created a transfer of the ownership of the unpaid nonexistent loan account receivable of the mortgage rights from XXXX as originator to XXXX XXXX XXXX. In such mergers, there is no Mortgage Loan Schedule, nor any written assignment of mortgage. Since the law requires the assignment, the presumption that the transfer could occur without an assignment of mortgage is erroneous. The document is supposedly executed by someone calling themselves an assistant secretary. But note that it does not say that the signor ( XXXX XXXX ) was the XXXX XXXX of XXXX. There is mention of XXXX  it includes the phrase its successors and assigns such that it is unclear from the grammar utilized whether there is a successor to XXXX  or a successor for the principal in the agency agreement between XXXX  and the originator ( XXXX XXXX ). But there is no succession to either one unless ( a ) someone bought or merged with XXXX  or ( b ) someone bought loan accounts receivable from XXXX. Such a sale wouldve been impossible because, by the time of the merger, XXXX had only reserved servicing rights which really only meant the claim to receive servicer advances upon liquidation of a foreclosed property. So there is no XXXX  successor and there is no XXXX successor as it relates to either the actual presumed transfer of the alleged underlying obligation. XXXX  has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX  has no legal or beneficial interest in the promissory note underlying the security instrument for which it serves as nominee. XXXX  has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee Theres No document authorizing MERS, as nominee for the original lender ( XXXX ), to assign the subject mortgage to the foreclosing trustee. Hence, XXXX  lacked authority as mere nominee to assign my mortgage, making any assignment from original lender or XXXX  defective. XXXX, as the nominee not only lacks authority to assign the mortgage, but can not demonstrate the trustees knowledge or assent to the assignment by MERS to the foreclosure trustee. Any attempt to transfer the beneficial interest of a trust deed without actual ownership of the underlying note, is void under law. XXXX XXXX signed for this XXXX XXXX. XXXX XXXX signed for false beneficiary and XXXX  illegally named as Assignee/Beneficiary. XXXX  named Mortgage Servicer ( XXXX XXXX Bank, etc. ) as XXXX in XXXX Assignment. XXXX  assigned to False Beneficiary/False Assignee or An Impossible Beneficiary. See 15 USC 1641f1 ( stating a servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation ) XXXX XXXX signed the Assignment of Deed of Trust recorded on XX/XX/XXXX. In XXXX, XXXX XXXX signed the assignment as an officer of XXXX XXXX  XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, as Trustee for the Benefit of XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX XXXX can not be Vice President and XXXX XXXX for this Nonexistent Trust. There is no trust officer appointed by this XXXX XXXX to actively manage the affairs of the trust. XXXX XXXX should indicate the real company she works for. And XXXX XXXX should indicate her real title of company she works for. I found XXXX XXXX on XXXX. XXXX XXXX XXXX page on XXXX identifies her as an employee of XXXX XXXX XXXX XXXX XXXX A robo-signed assignment is a void assignment, and a void assignment unravels the entire nonjudicial foreclosure. The Bank and Mortgage Servicer acted with malice by recording ( themselves ) an assignment of an interest it knew it did not possess, fully aware that the ensuing Notice of Default ( XXXX ) and all that followed were void. XXXX XXXX & XXXX XXXX fraudulently executed the assignment and XXXX XXXX & XXXX XXXX were nothing more than what has come to be known as robo-signer-an individual who simply signs thousands of property record documents without any legal or corporate authority whatsoever. XXXX XXXX and XXXX XXXX had signed the assignment on behalf of XXXX  ( or beneficiary ) without adding behalf of and/or \" as attorney in fact '' the chain of title would be broken, or the assignment would be facially defective. There is no proof of authority anywhere on the document, indicating that XXXX XXXX ( the signer ) & XXXX XXXX ( the singer ) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents. Therefore, these assignments were void since a void assignment lacks any legal effect. XXXX XXXX and XXXX XXXX XXXX ( robo-signers ) signed notarization of these Assignments. These Mortgage assignments with signatures of individuals ( XXXX XXXX & XXXX XXXX ) signing as corporate officers for corporations that never employed them in any such capacity. Contracts that are entered into by someone without capacity, impossible contracts, contracts against public policy and contracts for illegal acts are void contracts. Assignments of the trust deed from the original mortgage holder ( XXXX  ) to XXXX XXXX were void and therefore the foreclosure Notices ( Recording NOD NTS ) were invalid or void. XXXX XXXX lacked standing to bring the foreclosure action because it was not the owner of the Note when it filed the XXXX foreclosure action ( NOD ). These assignments were improperly executed by \" robo signing agents or robo-signer '' and thus XXXX XXXX \" does not have lawful ownership or a security interest in my home. Shellpoint does not have standing to foreclose on the subject property as it is not the holder in due course of the subject loan. I'm a victim of robo-signing. A valid Substitution of Trustee has never been made by a beneficiary with authority to appoint a successor trustee which states, The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee. The recorded Substitution of Trustee fails to meet the requirements in that no document has ever been acknowledged that substitutes or appoints a trustee by an authorized Beneficiary or its agent. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. A valid Substitution of Trustee to XXXX has never been made in accord with any contractual provision, California statute. Therefore, the Notice of XXXX XXXX XXXXs void as the cited Trustee has never been authorized to exercise a power of sale against the property. The XXXX Notice of Default was thus defective because it was recorded by an entity not yet properly substituted as the trustee. See Cal. Civ. Code Section 2934a ( stating that a trustee is properly substituted by the recording of a s substitution ) CCC Section 2934a ( b ) ( stating that if the substitution is executed prior to or concurrently with the recording of a Notice of Default, then Notice of the Substitution must be mailed on or before that recording date ) Section 2934a ( b ) requires that a Notice of Substitution of Trustee include notice of actual substitution. See Cal. Civ. Code Section 2934a ( b ) ( stating that the beneficiary or their authorized agent shall cause notice of the substitution to be mailed ) Here, XXXX was never substituted as the trustee, all actions taken by XXXX were invalid. Substitution of Trustee was never executed. Substitution of Trustee was never mailed. Substitution of Trustee was never recorded. This is in clear Violation of Section 2934a & 2934a ( b ). Since theres No Substitutions of Trustee ( Theres No appoint to new trustee XXXX ), XXXX can not file Notice of Default ( NOD ), Notice of Trustees Sale ( NOT ) against subject property. NOD recorded on XX/XX/XXXX and Notice of Trustees Sale ( NOT ) recorded on XX/XX/XXXX. Recordation of the NOD ( XXXX ) and NOT ( XXXX ) were Void because Notice XXXX XXXX XXXX Notice XXXX XXXX XXXX were not executed by authorized Trustee. XXXX & Shellpoint knew all these assignments of deed of trust, XXXX NOD, and XXXX NOT were void, invalid, and fraudulent. Only the original trustee ( XXXX ) or a properly substituted trustee may carry out a foreclosure, and substitutions of trustee must be recorded. Without a proper substitution of trustee, any foreclosure procedures ( including sales ) initiated by an unauthorized trustee are void. XXXX has No authority to sell my property. I face the prospect of losing my home due to the actions of an entity that has no power to foreclose because it does not own my Deed of Trust. There is no evidence as to what rights if any XXXX XXXX had in the subject Note and Deed of Trust or its relationship with XXXX. This defect was so substantial that it broke the chain of title and rendered the foreclosure sale void. Endorsement to the Mortgage Note : A copy of the original Note made payable to the originator is offered as evidence. Although there is adequate room on the note, no endorsement appears on the Note. An unattached XXXX XXXX is offered with no explanation as to why an allonge is necessary given that there is adequate room on the note for an endorsement. Nothing standing the lack of an endorsement on the actual note, the Endorsement allonge is not clear, not XXXX XXXX. Shellpoint, XXXX XXXX and XXXX have offered no competent evidence of standing : No Valid and No Certified Copy of Assignment of Deed of Trust. No endorsed Note to XXXX XXXX and no proof of Delivery Note. XXXX XXXX lacks standing, is not a Real Party in Interest, and offered no evidence that it is the current holder of the mortgage Note. No Certified Assignment is offered. The copy of the mortgage Note offered by the XXXX XXXX does not include a valid endorsement, in blank or otherwise nor any proof of acceptance or delivery of the note. Heres Assignments of DOT History. The Assignment ( recorded XX/XX/XXXX ), assigned to The XXXX XXXX XXXX XXXX, As Trustee for the Benefit of XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The assignment ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, as Trustee for XXXX XXXX XXXX, XXXX, XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. Corrective Assignment of Deed of Trust ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX. However Shellpoint stated the owner of loan is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The name of the owner of the loan is different from Assignments of Deed of Trust. They added the XXXX XXXX XXXX XXXX XXXX XXXX in assignee name themselves. But theres No Assignment assigned to The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Theres no XXXX XXXX XXXX XXXX XXXX XXXX in Assignments of Deed of Trust. They created this fake name/fake entity without recording the Assignment of Deed of Trust XXXX XXXX XXXX XXXX XXXX Shellpoint stated Current Beneficiary full name ( owner of mortgage loan ) is The XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint and XXXX should explain why Shellpoints beneficiary ( XXXX XXXX ) full name is different from Assignments beneficiaries ( XXXX, XXXX, XXXX ). Please read all assignments of DOT carefully. XXXX XXXX full name is different from these Assignments beneficiaries full name. There is no identification of the certificates nor any identification of the holders of the certificates. The certificates do not convey any right, title or interest to any debt, note or mortgage, nor any payment or proceeds arising from any loan. Thus no claim could be made for a loss on an investment that does not exist. There is no investment in loans directly or indirectly. There is no representative capacity. XXXX does not represent the interests of investors in the certificates. XXXX XXXX has no powers of administration, collection or enforcement over any debt, note or mortgage and in fact has no right to even make an inquiry as to the status of any loan. Neither XXXX XXXX nor the implied trust have ever paid value for the underlying dead, they could not possibly own the mortgage and therefore could not possibly authorize enforcement. The use of the name of XXXX XXXX might be authorized in an agreement with an investment bank to use the XXXX XXXX XXXX XXXX ( XXXX ) name as part of a license agreement, but such an agreement violates existing law by naming a party as an entity who has no claim. Since that is an agreement to violate the law, the authorization is a legal nullity. And that obviously means that the Foreclosure bill did not have any real authority or any contract under which it was authorized to file a foreclosure action that had a XXXX XXXX XXXX XXXX XXXX XXXX, or any trust or any investors. Loan Servicer Shellpoint has no operative relationship with XXXX XXXX because the named XXXX XXXX has no claim. Mortgage Servicer Shellpoint may have some agency with XXXX XXXX but that does not create the rights they seek to enforce. XXXX XXXX XXXX XXXX XXXX as trustee for the certificate holders is an exercise in deceit and fraud. XXXX XXXX is not making any appearance despite its name appearing in the title of the document or case. It is named as being a trustee which means by definition that it is not appearing on its own behalf but rather appearing on behalf of a trust. There is never any allegation in XXXX Certificates foreclosure action that states that the trust was organized and existing under the laws of some XXXX jurisdiction. FOR THE CERTIFICATE HOLDERS IS A DEAD GIVE-AWAY THAT THERE IS NO CREDITOR XXXX  IS NOT A TRUSTEE FOR ANY CERTIFICATE HOLDERS BECAUSE THE CERTIFICATE HODLERS ARE NOT BENEIFICAIRIES OF ANY TRUST. Upon reviewing all of the Recorded Deeds, the Chain of Title clearly reflects that XXXX XXXX was never granted title by A VALID XXXX. Therefore, Shellpoint and XXXX had no authority to prosecute the foreclosure action. Clearly, Shellpoint and XXXX XXXX have failed to show standing and a proper chain of title of the note. Shellpoint, XXXX XXXX and XXXX have demonstrated that it lacks the right to initiate the pending non-judicial foreclosure. As Shellpoint has failed to meet its burden of proof to establish standing, the foreclosure on XX/XX/XXXX must be cancelled. XXXX instituted non-judicial foreclosure proceedings on a subject property. XXXX was not the trustee named in the deed of trust, so under Civil Code 2934, XXXX was required to record a Substitution of Trustee, but failed to do so. Failure to comply with state and federal law can result in serious consequences for the loan servicer Shellpoint. XXXX was not formally named as trustee until after they recorded the XXXX Notice of Default and XXXX Notice of Trustees Sale. Valid Mortgage holders did not execute a substitution formally naming the trustee delivering the XXXX Notice of Default as the substitute trustee until today. They didnt correct assignment before recording XXXX NOD against subject property. Shellpoint and XXXX  must explain why entities full names in assignment of DOT are different from XXXX XXXX. Shellpoint and XXXX  Certificate have no right to foreclose on my property because the last recorded assignment of deed of trust reflects that XXXX is the beneficiary, and not XXXX  Certificate. See Assignment. XXXX XXXX and Shellpoint violated Cal. Civ. Code Section 2932.5 because they do not have the power of sale and have not demonstrated legal standing to foreclose upon subject property. The entity that issued the NOD to me on XX/XX/XXXX, acted before it had legal authority to do so pursuant to an assignment of the deed of trust. The foreclosing parties had no actual authority to foreclose my home. The foreclosing party did not have a recorded assignment in place under section XXXX, which XXXX XXXX was not actual the beneficiary and XXXX was not an authorized agent of beneficiary or trustee. It appears XXXX is attempting to act as agent to Servicer NewrezXXXXShellpoint XXXX but it is unclear on behalf of what entity it was acting and whether said entity had any interest in the subject property. The foreclosure was not initiated by the correct party. At the time of NOD ( XXXX ), there had been no assignment to XXXX XXXX. The wrong parties issued the Notice of Default. The threat of foreclosure by wrong party is sufficient to constitute prejudice to the homeowner because there is no power of sale without a valid Notice of Default. I was harmed by not knowing the true of Note. I was harmed by not being able to name the real party of interest. The XXXX Assignment & XXXX Assignment were void, and therefore the XXXX Notice of Default ( NOD ), and XXXX Notice of Trustee 's Sale, were void. Theres No Assignment assigned to XXXX XXXX and therefore the XXXX NOD and XXXX NOT were void. Theres No Substitute Trustee listing XXXX  as Trustee, therefore XXXX NOD and XXXX NOT were void. Shellpoint, XXXX XXXX and XXXX did not have standing to foreclose on the Subject Property because none of them was the lender under the Loan, the holder of the Note, or the holder of a beneficial interest in the Deed of Trust. The Notice of Default ( NOD ) was unlawfully recorded in XXXX. Defects in the foreclosure process and the authority of XXXX to foreclose on my property. XXXX XXXX and Shellpoint lacked authority to appoint the Substitute Trustees. Foreclosure actions of Shellpoint and XXXX have resulted in borrower being threatened with the loss of the property. Shellpoint and XXXX intentionally, knowingly and recklessly misrepresented to me those agents of Shellpoint and XXXX were entitled to exercise the power of sale provision contained in the Deed of Trust. In fact, Shellpoint, XXXX XXXX, and XXXX were not entitled to do so and have no legal, equitable, or actual beneficial interest whatsoever in the subject property. Shellpoint, XXXX XXXX and XXXX began their fraudulent foreclosure proceedings, Shellpoint, XXXX XXXX and XXXX were not acting in good faith while attempting to collect on the subject debt. Shellpoint, XXXX XXXX and XXXX committed the acts set forth above with complete ; utter and reckless disregard of the probability of causing homeowner ( me ) to suffer severe emotional distress. As an actual and proximate cause of Shellpoint, XXXX XXXX and XXXX  attempt to fraudulently foreclose on my home or claim of the right to foreclose on my home, I have suffered severe emotional distress, including but not limited to lack of sleep, XXXX, and XXXX. Shellpoint and XXXX committed fraud by filing a fraudulent assignment of mortgage from XXXX to Shellpoint ( as servicer ). XXXX filed NOD with actual knowledge that the averments and representations made in those papers were false. XXXX had actual knowledge of the falsity of any averments and representations made on behalf of the current servicer of the mortgage. Throughout the foreclosure action, Shellpoint and XXXX have represented that XXXX XXXX owns and holds the note and mortgage. I request a determination of the rights, obligations and interest of the parties with regard to the subject property, and such determination is necessary and appropriate at this time under circumstances so that all parties may ascertain and know their rights, obligations and interests with regard to the property. I request a determination of the validity of the Trust Deeds as of the date the Notes were assigned without a concurrent assignation of the underlying Trust Deeds. I request a determination of the validity the XXXX NOD. I request a determination of whether XXXX XXXX and XXXX have authority to foreclose on subject property ( my property ).","date_sent_to_company":"2023-09-16T19:55:32.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"92833","tags":null,"has_narrative":true,"complaint_id":"7560143","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2023-09-16T19:30:39.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["These assignments were improperly executed by \" robo signing agents or robo-signer '' and thus XXXX XXXX \" does not have <em>lawful</em> ownership or a <em>security</em> interest in my home. Shellpoint does not have standing to foreclose on the subject property as it is not the holder in due course of the subject loan. I'm a victim of robo-signing."]},"sort":[8.736398,"7560143"]},{"_index":"complaint-public-v1","_id":"3064202","_score":8.71685,"_source":{"product":"Debt collection","complaint_what_happened":"I herein do file this complaint with your office against XXXX XXXX XXXX and XXXX XXXX XXXX XXXX ( Attorneys for the XXXX XXXX XXXX ). I seek for your help to dismiss all the herein described illegal charges. \n\nGrounds of Complaint FRAUDULENT ACTIVITY FALSE AND MISLEADING REPRESENTATIONS UNFAIR PRACTICES FAILURE AND REFUSAL TO VALIDATE THE DEBT UPON THE REQUEST FALSIFICATION OF THE DOCUMENTS VIOLATIONS OF FEDERAL DEBT COLLECTION LAWS _____________________________________________________________________ STATEMENT 1. I was a customer for XXXX XXXX  XXXX for a few years. Because of change in the interest rate I made my decision to close the credit card with them and mailed the last final payment in order to clear outstanding balance. I did not receive any following notices from XXXX XXXX XXXX, that made me to believe that I do not owe them any money, and my balance is {$0.00}. \n\n2. On XX/XX/XXXX, XXXX XXXX XXXX, filed a complaint against me in XXXX Civil Court claiming it had purchased my Credit Card account from XXXX XXXX XXXX XXXXXXXX XXXX and demanding {$960.00}, and obtained a judgment against me in total amount of {$1200.00} on XX/XX/XXXX. \n\nXXXX XXXX presented identical Affidavits of its employees XXXX XXXX and XXXX XXXX. \n\nXXXX XXXX in her affidavit is claiming that my account had been purchased by XXXX XXXX XXXX XXXX, XXXX on from XXXXXXXX XXXX XXXX XXXXXXXX. XXXX, and then my account was purchased by XXXX XXXX XXXX XXXX from XXXX XXXX XXXX XXXX, XXXX. \n\nIn the other hand XXXX XXXX in her affidavit is claiming the following ; I. XXXX XXXX XXXX XXXXXXXX. account is XXXX ( *she presented false account ), II.  As of XXXX the account balance is {$980.00} ( *she presented false amount ), III.  Loan was charged off on XXXX ( *she presented false date ). \n\nIn addition, XXXX XXXX presented the following ; I. AFFIDAVIT OF BULK SALE OF ACCOUNTS stating that XXXX XXXX XXXX XXXX XXXX sold a pool of accounts to XXXX XXXX XXXX on XX/XX/XXXX, XXXX. ASSIGNMENT AND BILL OF SALE dated XX/XX/XXXX, XXXX. AFFIDAVIT OF BULK SALE OF ACCOUNTS stating that on XX/XX/XXXX XXXXXXXX XXXX XXXX XXXXXXXX. sold a pool of accounts to XXXX XXXX XXXX XXXX, XXXX. \n\nI placed the request with them in to provide me with the following ; I. Copy of Contract with Loan Originator Verification of the debt, II. Proof of the ownership of the debt, III. Copy of the agreement with the initial lender/loan originator, IV. Itemized bill. \nHowever, XXXX XXXX, XXXX FAILED TO RESPOND to my request for verification of the debt and documentation concerning the amount and ownership of the debt, nor the agreement with the lender/loan originator. \n\nIMPORTANT : At no time did I purposely default in this case, and my XXXX XXXX is based on the following annexed Exhibit showing a copy of a printout I obtained of my XXXX Customer Information File of my credit card account, dated XX/XX/XXXX, bearing Stamp from XXXXXXXX XXXX XXXXXXXX ( not XXXXXXXX XXXX XXXX XXXXXXXX. ) showing the following : I. My name and address and my social security number, II. My Official Account Number with XXXX XXXX XXXX, XXXX ( date ) : XX/XX/XXXX, III. Balance : XXXX, IV. Information : Charge off. That document explains that on XX/XX/XXXX, for the sum of {$330.00}, the account was Charged Off, which is CONTRARY to the Midland 's Complaint filed on XX/XX/XXXX, and dated XX/XX/XXXX claiming the sum {$980.00}, and claiming my Credit account was originally owned by XXXXXXXX XXXX XXXX XXXX. \n\nAll the Claims in the Affidavits presented by XXXX XXXX XXXX are false and inconsistent. Such misrepresentations to the Court clearly show Midland and its XXXX XXXX XXXX XXXX 's recurring deceptive acts and practices while engaging in debt collections of New York Consumers, causing harm and violations of consumer protection laws. \n\n4. XXXX XXXX XXXX was able to obtain a Default Judgment against me, ( because I  did not receive the notice from court on time ) and served an Income Execution dated XX/XX/XXXX, to company where I work part time ( as Independent Contractor )  demanding the sum of {$1300.00}. \n\n5. I did file for order to show cause to vacate the default judgment entered against me. However, the order vas denied on XX/XX/XXXX by XXXX XXXX, Judge of the Civil Court, who was negligent and inconsiderate regarding all true facts I brought to his attention. Mr. XXXX XXXX made his decision not based on any true facts I tried to present. His decision was based on the fact that I missed previous hearing. The reason why I did miss hearing was because I did not receive postcard from the Court. \n\nSince that day XX/XX/XXXX XXXX XXXX XXXX having default judgment against me did not take any farther actions. However, on XX/XX/XXXX I received in a mail copies of Court document I hereby attach for your review. I believe they intentionally never took any farther actions for more that 2 years until now, in order to accrue additional interest on the amount claimed by them. \n_____________________________________________________________________ *IMPORTANT : XXXX XXXX XXXX XXXX operates under a variety of names including XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.. All of the XXXXXXXX XXXX XXXX XXXXXXXX companies are owned by Encore Capital Group , Inc. , a public company traded on the XXXX : under symbol XXXX. \nXXXX XXXX, XXXX and its affiliates regularly make debt collection phone calls from ( XXXX ) XXXX and ( XXXX ) XXXX and are located at : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, California XXXX XXXX XXXX and its affiliates are accused violators of federal debt collection laws known as the Fair Debt Collection Practices Act ( FDCPA ) and are sued regularly by consumers for these violations. \nThe FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics. \n807 False or misleading representations [ 15 USC 1962e ] 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. \n808. Unfair practices [ 15 USC 1692f ] 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. \n809. Validation of debts [ 15 USC 1692g ] 5 ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( 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 or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nCollection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.\n\n814. Administrative enforcement [ 15 USC 1692l ] ( a ) Compliance with this title shall be enforced by the Federal Trade Commission, except to the extend that enforcement is specifically committed to another agency _____________________________________________________________________ *IMPORTANT : Under the language of GBL 349 ( a ), \" deceptive acts and practices '' in the conduct of any business, trade, or commerce \" are hereby declared unlawful. '' In addition to granting the NY Attorney General the authority to seek injunctions and to pursue claims for restitution, see GBL 349 ( b ), the statute grants a \" right of action '' to \" a person who has been injured by reason of any violation of this section. '' GBL 349 ( h  ). \n\nAs a threshold matter, a party claiming the benefit of GBL 349 \" must charge conduct that is consumer oriented. \n\nGBL 349 \" prohibits deceptive and misleading business practices and its scope is broad indeed. '' XXXX v XXXX XXXX. XXXX, XXXX XXXX at XXXX. The statute, on its face, [ *7 ]  applies to \" virtually all economic activity, '' providing the courts with the authority to \" cope with the numerous, ever-changing types of false and deceptive business practices which plague NY consumers. \n\n\nXXXX XXXX XXXX 's violation of GBL 349 is through wrongful acts and omissions including the following deceptive acts and practices : 1. bringing a cause of action against the defendant pursuant to a retail installment credit agreement without having in its possession admissible proof of any agreement ; 2. bringing an account stated claim against the defendant without having in itspossession admissible proof and/or any personal knowledge that any accountstatements were mailed to or received by the defendant ; 3. attempting to collect on an assigned account when the defendant had not beennotified of any assignment ; 4. commencing a lawsuit for an allegedly assigned debt without a validassignment actually having taken place ; 5. attempting to collect amounts allegedly due without any indication how theamounts were calculated ; 6. attempting to collect amounts, including contractual interest, withoutadmissible proof of legal authority to collect the same ; Such deceptive acts and practices by the plaintiff happen while engaging in a debt collection business \" directed at consumers. '' Its activities \" are part of a recurring practice '' of using a \" business model '' that has a tendency to \" deceive and mislead '' a significant percentage of New York consumers. \n\nFinally, while the statute does not require proof of justifiable reliance, a party seeking compensatory damages must allege that the deceptive acts and practices at issue \" caused actual, although not necessarily pecuniary, harm. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX at XXXX ; accord, XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX at XXXX. A party adequately pleads a claim for damages under GBL 349 by alleging the retention of an attorney as a result of opponent 's offending conduct. XXXX v XXXX XXXX. XXXX, XXXX. If successful, the party may recover \" actual damages in any amount, '' together with treble damages, punitive damages, and attorney 's fees. XXXX v XXXX XXXX. XXXX, XXXX XXXX at XXXX. \n\nAs explicitly provided in GBL 349 ( g ), the statute applies to \" all deceptive acts and practices, whether or not subject to any other law of this state. '' HOWEVER, Midland 's conduct in my case may also violate other laws which authorize other remedies, see, e.g., the FDCPA ( 15 USC 1692e ), Judiciary Law 487, and Rule 130 ( 22 NYCRR 130-1.1, 130-1.1-a )","date_sent_to_company":"2018-11-08T19:04:24.000Z","issue":"False statements or representation","sub_product":"Credit card debt","zip_code":"11204","tags":null,"has_narrative":true,"complaint_id":"3064202","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2018-11-02T18:40:59.000Z","state":"NY","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["The statute, on its face, [ *7 ]  applies to \" virtually all economic activity, '' providing the courts with the <em>authority</em> to \" cope with the numerous, ever-<em>changing</em> types of false and deceptive business practices which plague NY consumers."]},"sort":[8.71685,"3064202"]},{"_index":"complaint-public-v1","_id":"8724241","_score":8.694423,"_source":{"product":"Credit card","complaint_what_happened":"This letter provides evidence that Discover has committed Bank Fraud and extortion, this constitutes a breach of contract in regards to accounts ending in # XXXX According to the XXXX XXXX XXXX written by the Federal Reserve. \n\nEvery American will be forced to register or suffer being able to work and earn a living. They will be our chattels ( property ) and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading ( Birth Certificate ) to us will be rendered bankrupt and insolvent, secured by their pledges. \nThey will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not one man in a million could ever figure out our plans and, if by accident one or two should figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debts to the registrants in the form of benefits and privileges. \nThis will inevitably reap us huge profits beyond our wildest expectations and leave every American a contributor to this fraud, which we will call Social Insurance. Without realising it, every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and we will employ the high office ( presidency ) of our XXXX corporation ( USA ) to foment this plot against America. \n\nBanks create money through their lending activities. \nWhat the bank does when they make loans is to accept promissory notes in exchange for credits to the borrowers ' transaction accounts. Discover failed to disclose the fact that they would be transferring credits from my Trust account through the Federal reserve and then loan me my own funds. I was not informed of this or did I consent to this. \n\nThe actual process of money creation takes place primarily in banks. ( 1 ) As noted earlier, checkable liabilities of banks are money. These liabilities are customers ' accounts Thus through stage after stage of expansion, \" money '' can grow to a total of 10 times the new reserves supplied to the banking system I am ordering a full forensic accounting audit to show exactly where Discover received credits from my trust account without my knowledge or consent. \n\n12 U.S. code 1431 ( j ) Audits Notwithstanding the provisions of section 9105 ( a ) ( 1 ) ( B ) [ 2 ] of title 31, audits by theGovernment Accountability Officeof the financial transactions of aXXXX XXXX XXXX XXXXshall not be limited to periods during which XXXX XXXX has been invested therein. The provisions of sections 9107 ( c ) ( 2 ) and 9108 ( d ) ( 1 ) of title 31 shall not apply to anyXXXX XXXX XXXX XXXX. \n\nThe agreement that Discover claims is legal standing, doesnt acknowledge any evidence that Discover would be using my signature and social security number to access my trust account. \n\n15 U.S. Code 1 Trust, etc., in restraint of trade illegal ; penal Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade orcommerceamong the severalStates, or with foreign nations, is declared to be illegal. Everypersonwho shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding {>= $1,000,000} if a corporation, or, if any otherperson, {>= $1,000,000}, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. \n\n\nThis letter will prove that Discover is in breach of contract for misrepresentation of material facts also equal consideration was never established. \n\nI am requesting a copy of the original signed contract or agreement by both parties. \nValid contracts need to have all required elements in it to be enforceable under Federal law and states law. \n\n1.Failure to disclose the origin of funding for account. \nAccording to the XXXX XXXX XXXX written by the Federal Reserve. \nBanks create money through their lending activities. \nWhat the bank does when they make loans is to accept promissory notes in exchange for credits to the borrowers ' transaction accounts. Discover failed to disclose the fact that they would be transferring credits from my Trust account through the Federal reserve and then loan me my own funds. I was not informed of this or did I consent to this. \n\n2.Failure to provide equal consideration which voids any contract. Please provide documentation that shows where funds were originated. According to the Federal reserve, I am the original creditor. \nA valid contract must have consideration, there must be an exchange of things that have value for a legally binding contract. If my social security number and signed promissory note provide the access of funding from my trust account, where is the consideration ( or value ) provided on the part of Discover? What funds did Discover actually provide? How is Discover injured, if not repaid? \n\nFraudulent misrepresentation, or material misrepresentation, is the intentional false representation of the terms or facts within a contract. \nWithin contract law, there are two types of fraud : Fraud in the fact and fraud in the inducement. \nThe contract in question is considered fraud in the inducement, this agreement was based on false information given to me. If a contract is made under fraud in the inducement, it is thrown out, as this is an illegal act. \n\nAny False representation of material facts made with respect to a contract is the misrepresentation In entering into contract, and which is so acted upon, constitutes Fraud, and entitles party deceived to avoid contract or recover 15 U.S. Code 1591 ( d ) ( 6 ) adverse action For purposes of this subsection, the term adverse action means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit. \n\n15 U.S. Code 1692J It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in aconsumerthat a person other than thecreditorof suchconsumeris participating in the collection of or in an attempt to collect adebtsuchconsumerallegedly owes suchcreditor, when in fact such person is not so participating. \n\nAny person who violates this section shall be liable to the same extent and in the same manner as adebtcollector is liable undersection 1692k of this titlefor failure to comply with a provision of this subchapter. \n\n18 U.S. Code 894 Collection of extensions of credit by extortionate means. \nWhoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the non repayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. \n\n\n\nBelow are examples of court cases that validate my claim. \n\nA Bank my not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be citied, which- would look like a catalog of ships. [ Emphasis added ] XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX. \n\nIn the federal courts it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser, or guarantor for him. XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nA National Bank has no power to lend its credit to any person or corporation... XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX denied in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. \n\nThe doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporation charters, and it probably is not invoked too often... XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nIt has been settled beyond controversy that a national bank, under federal law being limited in its powers and capacity, can not lend its credit by guaranteeing the debts of another. All such contracts entered into by its officers are ultra vires... XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). \n\n... checks, drafts, money orders, and bank notes are not lawful money of the United States... State v. XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX Neither, as included in its powers not incidental to them, is it a part of a banks business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,... Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIt is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX ( XXXX ) There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nA bank can lend it money, but not its credit. XXXX XXXX XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) XXXX. \n\n... the bank is allowed to hold money upon personal security ; but it must be money that it loans, not its credit. XXXX XXXX  XXXX national bank, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nA loan may be defined as as the delivery by one party to, an the receipt by another party of, a sum of money upon an agreement, express of implied to repay the sum with or without interest. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. Also see XXXX XXXX XXXX, XXXX XXXX XXXX XXXX and United States v. XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX. \nThe word money in its usual and ordinary acceptation means gold, silver, or paper money used as a circulation medium of exchange... XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX XXXX. \n\nA promise to pay can not, by argument, however ingenious, be made the equivalent of actual payment... XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nA bank is not the holder in due course upon merely crediting the depositors account. Bankers XXXX XXXX  XXXX, XXXX XXXX XXXX XXXX, XXXX. \n\nA check is merely an order on a bank to pay money. XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nSarbanes-Oxley Act of 2002 - Title I : Public Company Accounting Oversight Board- Establishes the Public Company Accounting Oversight Board ( Board ) to : ( 1 ) oversee the audit of public companies that are subject to the securities laws ; ( 2 ) establish audit report standards and rules ; and ( 3 ) inspect, investigate, and enforce compliance on the part of registered public accounting firms, their associated persons, and certified public accountants. \nTitle II : Auditor Independence- Amends the Securities Exchange Act of 1934 to prohibit an auditor from performing specified non-audit services contemporaneously with an audit ( auditor independence ). Requires preapproval by the audit committee of the issuer for those non-audit services that are not expressly forbidden by this Act. \nTitle III : Corporate Responsibility- Confers responsibility upon audit committees of public companies for the appointment, compensation, and oversight of any registered public accounting firm employed to perform audit services. Requires an audit committee member to be a member of the board of directors of the issuer, and to be otherwise independent. \nTitle IV : Enhanced Financial Disclosures- Requires financial reports filed with the SEC to reflect all material correcting adjustments that have been identified by a registered public accounting firm in accordance with SEC rules and generally accepted accounting principles ( GAAP ). \nTitle V : Analyst Conflicts of Interest- Requires the SEC to adopt rules governing securities analysts ' potential conflicts of interest, including : ( 1 ) restricting the prepublication clearance or approval of research reports by persons either engaged in investment banking activities, or not directly responsible for investment research ; ( 2 ) limiting the supervision and compensatory evaluation of securities analysts to officials who are not engaged in investment banking activities ; ( 3 ) prohibiting a broker or dealer involved with investment banking activities from retaliating against a securities analyst as a result of an unfavorable research report that may adversely affect the investment banking relationship of the broker or dealer with the subject of the research report ; and ( 4 ) establishing safeguards to assure that securities analysts are separated within the investment firm from the review, pressure, or oversight of those whose involvement in investment banking activities might potentially bias their judgment or supervision. \nTitle VI : Commission Resources and Authority- Authorizes appropriations for FY 2003 to the SEC for : ( 1 ) additional staff compensation ; ( 2 ) enhanced oversight of auditors and audit services ; and ( 3 ) additional professional staff for fraud prevention, risk management, market regulation, and investment management. \nTitle VII : Studies and Reports- Mandates a GAO report to Congress on : ( 1 ) the factors leading to the consolidation of public accounting firms and the subsequent reduction in the number of firms providing audit services to businesses subject to the securities laws; and ( 2 ) the impact of such consolidation upon the capital formation and securities markets. \nTitle VIII : Corporate and Criminal Fraud Accountability- Corporate and Criminal Fraud Accountability Act of 2002 - Amends Federal criminal law to impose criminal penalties for : ( 1 ) knowingly destroying, altering, concealing, or falsifying records with intent to obstruct or influence either a Federal investigation or a matter in bankruptcy ; and ( 2 ) auditor failure to maintain for a five-year period all audit or review work papers pertaining to an issuer of securities. \nTitle IX : White-Collar Crime Penalty Enhancements- White-Collar Crime Penalty Enhancement Act of 2002 - Amends Federal criminal law to : ( 1 ) establish criminal penalties for attempt and conspiracy to commit criminal fraud offenses ; and ( 2 ) increase criminal penalties for mail and wire fraud.\n\nTitle X : Corporate Tax Returns- Expresses the sense of the Senate that the Federal income tax return of a corporation should be signed by its chief executive officer. \nTitle XI : Corporate Fraud Accountability- Corporate Fraud Accountability Act of 2002 - Amends Federal criminal law to establish a maximum 20-year prison term for tampering with a record or otherwise impeding an official proceeding. \n\nAccording to the Securities Exchange act of 1934 In respect of any securities issued by banks and savings associations the deposits of which are insured in accordance with the Federal Deposit Insurance Act, the powers, functions, and duties vested in the Commission to administer and enforce sections 10A ( m ), 12, 13, 14 ( a ), 14 ( c ), 14 ( d ), 14 ( f ), and 16 of this Act, and sections 302, 303, 304, 306, 401 ( b ), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002, ( 1 ) with respect to national banks and Federal savings associations, the accounts of which are insured by the Federal Deposit Insurance Corporation are vested in the Comptroller of the Currency, ( 2 ) with respect to all other member banks of the Federal Reserve System are vested in the Board of Governors of the Federal Reserve System , and ( 3 ) with respect to all other insured banks and State savings associations, the accounts of which are insured by the Federal Deposit Insurance Corporation , are vested in the Federal Deposit Insurance Corporation . \n\nAll securities are Federal and we can go to Federal court to resolve this case, at which point Discover will have to provide all accounting. \n\n\nDiscover is in breach of the contracts and has not provided anything of value then I am requesting that Discover return all funds that I sent mistakenly including the original amount of the promissory notes due to Fraud and personal damages in the amount of {>= $1,000,000}, remove all negative information on my consumer credit report. \n\nIf you dont comply with the FCRA and the Risk-Based Pricing Rule, you may be sued by the Federal Trade Commission , Consumer Financial Protection Bureau , state governments, or in some cases, consumers. The FCRA provides for maximum penalties of {$4800.00} per violation in the case of lawsuits brought by the FTC.FCRA 616, 617, 621 I am the beneficiary of my trust account. I did not give Discover permission to administer my trust account. Please provide evidence otherwise. \n\n\nThank you for your time with this matter. \n\n: XXXX XXXX XXXX : XXXX UCC 3-308 Without prejudice Void where prohibited by law.","date_sent_to_company":"2024-04-08T20:32:39.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"93446","tags":null,"has_narrative":true,"complaint_id":"8724241","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2024-04-08T20:28:49.000Z","state":"CA","company_public_response":null,"sub_issue":"Confusing or misleading advertising about the credit card"},"highlight":{"complaint_what_happened":[": XXXX XXXX XXXX : XXXX UCC 3-308 <em>Without</em> prejudice Void where prohibited by law."]},"sort":[8.694423,"8724241"]},{"_index":"complaint-public-v1","_id":"8725781","_score":8.679094,"_source":{"product":"Credit card","complaint_what_happened":"This letter provides evidence that Wells Fargo has committed Bank Fraud and extortion, this constitutes a breach of contract in regards to accounts ending in # XXXX According to the XXXX XXXX XXXX written by the Federal Reserve. \n\nEvery American will be forced to register or suffer being able to work and earn a living. They will be our chattels ( property ) and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading ( Birth Certificate ) to us will be rendered bankrupt and insolvent, secured by their pledges.\n\nThey will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not one man in a XXXX could ever figure out our plans and, if by accident one or two should figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debts to the registrants in the form of benefits and privileges. \nThis will inevitably reap us huge profits beyond our wildest expectations and leave every American a contributor to this fraud, which we will call Social Insurance. Without realising it, every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and we will employ the high office ( presidency ) of our XXXX XXXX ( XXXX ) to foment this plot against America. \n\nBanks create money through their lending activities. \nWhat the bank does when they make loans is to accept promissory notes in exchange for credits to the borrowers ' transaction accounts. Wells Fargo failed to disclose the fact that they would be transferring credits from my Trust account through the Federal reserve and then loan me my own funds. I was not informed of this or did I consent to this.\n\nThe actual process of money creation takes place primarily in banks. ( 1 ) As noted earlier, checkable liabilities of banks are money. These liabilities are customers ' accounts Thus through stage after stage of expansion, \" money '' can grow to a total of 10 times the new reserves supplied to the banking system I am ordering a full forensic accounting audit to show exactly where Wells Fargo received credits from my trust account without my knowledge or consent. \n\n12 U.S. code 1431 ( j ) Audits Notwithstanding the provisions of section 9105 ( a ) ( 1 ) ( B ) [ 2 ] of title 31, audits by theGovernment Accountability Officeof the financial transactions of aFederal Home Loan Bankshall not be limited to periods during which Government capital has been invested therein. The provisions of sections 9107 ( c ) ( 2 ) and 9108 ( d ) ( 1 ) of title 31 shall not apply to anyXXXX XXXX XXXX XXXX\n\nThe agreement that Wells Fargo claims is legal standing, doesnt acknowledge any evidence that Wells Fargo would be using my signature and social security number to access my trust account. \n\n15 U.S. Code 1 Trust, etc., in restraint of trade illegal ; penal Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade orcommerceamong the severalStates, or with foreign nations, is declared to be illegal. Everypersonwho shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding {>= $1,000,000} if a corporation, or, if any otherperson, {>= $1,000,000}, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.\n\nThis letter will prove that Wells Fargo is in breach of contract for misrepresentation of material facts also equal consideration was never established.\n\nI am requesting a copy of the original signed contract or agreement by both parties.\n\nValid contracts need to have all required elements in it to be enforceable under Federal law and states law.\n\n1.Failure to disclose the origin of funding for account. \nAccording to the XXXX XXXX XXXX written by the Federal Reserve. \nBanks create money through their lending activities. \nWhat the bank does when they make loans is to accept promissory notes in exchange for credits to the borrowers ' transaction accounts. Wells Fargo failed to disclose the fact that they would be transferring credits from my Trust account through the Federal reserve and then loan me my own funds. I was not informed of this or did I consent to this.\n\n2.Failure to provide equal consideration which voids any contract. Please provide documentation that shows where funds were originated. According to the Federal reserve, I am the original creditor.\n\nA valid contract must have consideration, there must be an exchange of things that have value for a legally binding contract. If my social security number and signed promissory note provide the access of funding from my trust account, where is the consideration ( or value ) provided on the part of Wells Fargo? What funds did Wells Fargo actually provide? How is Wells Fargo injured, if not repaid?\n\nFraudulent misrepresentation, or material misrepresentation, is the intentional false representation of the terms or facts within a contract.\n\nWithin contract law, there are two types of fraud : Fraud in the fact and fraud in the inducement.\n\nThe contract in question is considered fraud in the inducement, this agreement was based on false information given to me. If a contract is made under fraud in the inducement, it is thrown out, as this is an illegal act.\n\nAny False representation of material facts made with respect to a contract is the misrepresentation In entering into contract, and which is so acted upon, constitutes Fraud, and entitles party deceived to avoid contract or recover 15 U.S. Code 1591 ( d ) ( 6 ) adverse action For purposes of this subsection, the term adverse action means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.\n\n15 U.S. Code 1692J It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in aconsumerthat a person other than thecreditorof suchconsumeris participating in the collection of or in an attempt to collect adebtsuchconsumerallegedly owes suchcreditor, when in fact such person is not so participating.\n\nAny person who violates this section shall be liable to the same extent and in the same manner as adebtcollector is liable undersection 1692k of this titlefor failure to comply with a provision of this subchapter.\n\n18 U.S. Code 894 Collection of extensions of credit by extortionate means.\n\nWhoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the non repayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.\n\nBelow are examples of court cases that validate my claim.\n\nA Bank my not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be citied, which- would look like a catalog of ships. [ Emphasis added ] XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIn the federal courts it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser, or guarantor for him. XXXX  and XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nA XXXX XXXX has no power to lend its credit to any person or corporationXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX denied in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nThe doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporation charters, and it probably is not invoked too often... XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIt has been settled beyond controversy that a national bank, under federal law being limited in its powers and capacity, can not lend its credit by guaranteeing the debts of another. All such contracts entered into by its officers are ultra vires... XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\n... checks, drafts, money orders, and bank notes are not lawful money of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Neither, as included in its powers not incidental to them, is it a part of a banks business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,... Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I XXXX. XXXX  and XXXX  XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \n\nIt is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. XXXX XXXX XXXX XXXXank XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. XXXXXXXX XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX. \n\nA bank can lend it money, but not its credit. XXXX XXXX Bank XXXX XXXX XXXX XXXX. XXXX Ga XXXX, XXXX XXXX XXXX, XXXX XXXX ( NS ) XXXX. \n\n... the bank is allowed to hold money upon personal security ; but it must be money that it loans, not its credit. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nA loan may be defined as as the delivery by one party to, an the receipt by another party of, a sum of money upon an agreement, express of implied to repay the sum with or without interest. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. Also see XXXX XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \nThe word money in its usual and ordinary acceptation means gold, silver, or paper money used as a circulation medium of exchangeXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nA promise to pay can not, by argument, however ingenious, be made the equivalent of actual paymentXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nA bank is not the holder in due course upon merely crediting the depositors account. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nA check is merely an order on a bank to pay money. XXXX XXXX XXXX XXXX XXXX XXXX \n\nXXXX XXXX XXXX XXXX XXXX  Title I : Public Company Accounting Oversight Board- Establishes the Public Company Accounting Oversight Board ( Board ) to XXXX ( XXXX ) oversee the audit of public companies that are subject to the securities laws ; ( XXXX ) establish audit report standards and rules ; and ( XXXX ) inspect, investigate, and enforce compliance on the part of registered public accounting firms, their associated persons, and certified public accountants. \nTitle XXXX : XXXX Independence- Amends the Securities Exchange Act of 1934 to prohibit an auditor from performing specified non-audit services contemporaneously with an audit ( auditor independence ). Requires preapproval by the audit committee of the issuer for those non-audit services that are not expressly forbidden by this Act.\n\nTitle III : Corporate Responsibility- Confers responsibility upon audit committees of public companies for the appointment, compensation, and oversight of any registered public accounting firm employed to perform audit services. Requires an audit committee member to be a member of the board of directors of the issuer, and to be otherwise independent.\n\nTitle IV : Enhanced Financial Disclosures- Requires financial reports filed with the SEC to reflect all material correcting adjustments that have been identified by a registered public accounting firm in accordance with SEC rules and generally accepted accounting principles ( GAAP ).\n\nTitle V : Analyst Conflicts of Interest- Requires the SEC to adopt rules governing securities analysts ' potential conflicts of interest, including : ( XXXX ) restricting the prepublication clearance or approval of research reports by persons either engaged in investment banking activities, or not directly responsible for investment research ; ( XXXX ) limiting the supervision and compensatory evaluation of securities analysts to officials who are not engaged in investment banking activities ; ( XXXX ) prohibiting a broker or dealer involved with investment banking activities from retaliating against a securities analyst as a result of an unfavorable research report that may adversely affect the investment banking relationship of the broker or dealer with the subject of the research report ; and ( XXXX ) establishing safeguards to assure that securities analysts are separated within the investment firm from the review, pressure, or oversight of those whose involvement in investment banking activities might potentially bias their judgment or supervision. \nTitle VI : Commission Resources and Authority- Authorizes appropriations for XXXX XXXX to the SEC for : ( XXXX ) additional staff compensation ; ( XXXX ) enhanced oversight of auditors and audit services ; and ( XXXX ) additional professional staff for fraud prevention, risk management, market regulation, and investment management. \nTitle VII : Studies and Reports- Mandates a GAO report to Congress on : ( XXXX ) the factors leading to the consolidation of public accounting firms and the subsequent reduction in the number of firms providing audit services to businesses subject to the securities laws; and ( XXXX ) the impact of such consolidation upon the capital formation and securities markets. \nTitle VIII : Corporate and Criminal Fraud Accountability- Corporate and Criminal Fraud Accountability Act of XXXX - Amends Federal criminal law to impose criminal penalties for : ( XXXX ) knowingly destroying, altering, concealing, or falsifying records with intent to obstruct or influence either a Federal investigation or a matter in bankruptcy ; and ( XXXX ) auditor failure to maintain for a five-year period all audit or review work papers pertaining to an issuer of securities. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  - Amends Federal criminal law to : ( XXXX ) establish criminal penalties for attempt and conspiracy to commit criminal fraud offenses ; and ( XXXX ) increase criminal penalties for mail and wire fraud. \nTitle X : Corporate Tax Returns- Expresses the sense of the Senate that the Federal income tax return of a corporation should be signed by its chief executive officer. \nTitle XI : Corporate Fraud Accountability- Corporate Fraud Accountability Act of XXXX - Amends Federal criminal law to establish a maximum XXXX prison term for tampering with a record or otherwise impeding an official proceeding. \n\nAccording to the Securities Exchange act of 1934 In respect of any securities issued by banks and savings associations the deposits of which are insured in accordance with the Federal Deposit Insurance Act, the powers, functions, and duties vested in the Commission to administer and enforce sections 10A ( m ), 12, 13, 14 ( a ), 14 ( c ), 14 ( d ), 14 ( f ), and 16 of this Act, and sections 302, 303, 304, 306, 401 ( b ), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002, ( 1 ) with respect to national banks and Federal savings associations, the accounts of which are insured by the Federal Deposit Insurance Corporation are vested in the Comptroller of the Currency, ( 2 ) with respect to all other member banks of the Federal Reserve System are vested in the Board of Governors of the Federal Reserve System , and ( 3 ) with respect to all other insured banks and State savings associations, the accounts of which are insured by the Federal Deposit Insurance Corporation , are vested in the Federal Deposit Insurance Corporation .\n\nAll securities are Federal and we can go to Federal court to resolve this case, at which point Wells Fargo will have to provide all accounting.\n\nWells Fargo is in breach of the contracts and has not provided anything of value then I am requesting that Wells Fargoreturn all funds that I sent mistakenly including the original amount of the promissory notes due to Fraud and personal damages in the amount of {>= $1,000,000}, remove all negative information on my consumer credit report.\n\nIf you dont comply with the FCRA and the Risk-Based Pricing Rule, you may be sued by the Federal Trade Commission , Consumer Financial Protection Bureau , state governments, or in some cases, consumers. The FCRA provides for maximum penalties of {$4800.00} per violation in the case of lawsuits brought by the FTC.FCRA 616, 617, 621 I am the beneficiary of my trust account. I did not give Wells Fargo permission to administer my trust account. Please provide evidence otherwise.\n\nThank you for your time with this matter. \n\n: XXXX XXXX XXXX : XXXX XXXX XXXX Without prejudice Void where prohibited by law.","date_sent_to_company":"2024-04-08T18:31:18.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"93446","tags":null,"has_narrative":true,"complaint_id":"8725781","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-04-08T18:28:02.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Confusing or misleading advertising about the credit card"},"highlight":{"complaint_what_happened":[": XXXX XXXX XXXX : XXXX XXXX XXXX <em>Without</em> prejudice Void where prohibited by law."]},"sort":[8.679094,"8725781"]},{"_index":"complaint-public-v1","_id":"8725692","_score":8.657334,"_source":{"product":"Credit card","complaint_what_happened":"This letter provides evidence that Capital One has committed Bank Fraud and extortion, this constitutes a breach of contract in regards to accounts ending in # XXXX # XXXX # XXXX # XXXX According to the Modern Money Mechanics written by the Federal Reserve. \n\nEvery American will be forced to register or suffer being able to work and earn a living. They will be our chattels ( property ) and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading ( Birth Certificate ) to us will be rendered bankrupt and insolvent, secured by their pledges. \nThey will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not XXXX man in a XXXX could ever figure out our plans and, if by accident XXXX or XXXX should figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debts to the registrants in the form of benefits and privileges. \nThis will inevitably reap us huge profits beyond our wildest expectations and leave every American a contributor to this fraud, which we will call Social Insurance. Without realising it, every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and we will employ the high office ( presidency ) of our XXXX corporation ( USA ) to foment this plot against America. \n\nBanks create money through their lending activities. \nWhat the bank does when they make loans is to accept promissory notes in exchange for credits to the borrowers ' transaction accounts. Capital One failed to disclose the fact that they would be transferring credits from my Trust account through the Federal reserve and then loan me my own funds. I was not informed of this or did I consent to this.\n\nThe actual process of money creation takes place primarily in banks. ( 1 ) As noted earlier, checkable liabilities of banks are money. These liabilities are customers ' accounts Thus through stage after stage of expansion, \" money '' can grow to a total of XXXX times the new reserves supplied to the banking system I am ordering a full forensic accounting audit to show exactly where Capital One received credits from my trust account without my knowledge or consent.\n\n12 U.S. code 1431 ( j ) Audits Notwithstanding the provisions of section 9105 ( a ) ( 1 ) ( B ) [ 2 ] of title 31, audits by theGovernment Accountability Officeof the financial transactions of aFederal Home Loan Bankshall not be limited to periods during which Government capital has been invested therein. The provisions of sections 9107 ( c ) ( 2 ) and 9108 ( d ) ( 1 ) of title 31 shall not apply to anyFederal Home Loan Bank.\n\nThe agreement that Capital One claims is legal standing, doesnt acknowledge any evidence that Capital One would be using my signature and social security number to access my trust account.\n\n15 U.S. Code 1 Trust, etc., in restraint of trade illegal ; penal Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade orcommerceamong the severalStates, or with foreign nations, is declared to be illegal. Everypersonwho shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding {>= $1,000,000} if a corporation, or, if any otherperson, {>= $1,000,000}, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.\n\nThis letter will prove that Capital One is in breach of contract for misrepresentation of material facts also equal consideration was never established.\n\nI am requesting a copy of the original signed contract or agreement by both parties.\n\nValid contracts need to have all required elements in it to be enforceable under Federal law and states law.\n\n1.Failure to disclose the origin of funding for account.\n\nAccording to the Modern Money Mechanics written by the Federal Reserve.\n\nBanks create money through their lending activities.\n\nWhat the bank does when they make loans is to accept promissory notes in exchange for credits to the borrowers ' transaction accounts. Capital One failed to disclose the fact that they would be transferring credits from my Trust account through the Federal reserve and then loan me my own funds. I was not informed of this or did I consent to this.\n\n2.Failure to provide equal consideration which voids any contract. Please provide documentation that shows where funds were originated. According to the Federal reserve, I am the original creditor.\n\nA valid contract must have consideration, there must be an exchange of things that have value for a legally binding contract. If my social security number and signed promissory note provide the access of funding from my trust account, where is the consideration ( or value ) provided on the part of Capital One? What funds did Capital One actually provide? How is Capital One injured, if not repaid?\n\nFraudulent misrepresentation, or material misrepresentation, is the intentional false representation of the terms or facts within a contract.\n\nWithin contract law, there are two types of fraud : Fraud in the fact and fraud in the inducement.\n\nThe contract in question is considered fraud in the inducement, this agreement was based on false information given to me. If a contract is made under fraud in the inducement, it is thrown out, as this is an illegal act.\n\nAny False representation of material facts made with respect to a contract is the misrepresentation In entering into contract, and which is so acted upon, constitutes Fraud, and entitles party deceived to avoid contract or recover 15 U.S. Code 1591 ( d ) ( 6 ) adverse action For purposes of this subsection, the term adverse action means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.\n\n15 U.S. Code 1692J It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in aconsumerthat a person other than thecreditorof suchconsumeris participating in the collection of or in an attempt to collect adebtsuchconsumerallegedly owes suchcreditor, when in fact such person is not so participating.\n\nAny person who violates this section shall be liable to the same extent and in the same manner as adebtcollector is liable undersection 1692k of this titlefor failure to comply with a provision of this subchapter.\n\n18 U.S. Code 894 Collection of extensions of credit by extortionate means.\n\nWhoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the non repayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.\n\nBelow are examples of court cases that validate my claim.\n\nA Bank my not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be citied, which- would look like a catalog of ships. [ Emphasis added ] XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXXXXXX XXXX XXXX. XXXX Va XXXX. \n\nIn the federal courts it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser, or guarantor for him. Farmers and XXXXXXXX XXXX  XXXX XXXX XXXX XXXX  XXXX F XXXX XXXX, XXXX XXXX XXXX. \n\nXXXX XXXX XXXX has no power to lend its credit to any person or corporation... XXXX XXXX XXXX XXXX XXXX XXXX F XXXX XXXX XXXX XXXX, XXXX denied in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nThe doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporation charters, and it probably is not invoked too often... XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. \n\nIt has been settled beyond controversy that a national bank, under federal law being limited in its powers and capacity, can not lend its credit by guaranteeing the debts of another. All such contracts entered into by its officers are ultra vires... XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\n... checks, drafts, money orders, and bank notes are not lawful money of the United States... XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX Neither, as included in its powers not incidental to them, is it a part of a banks business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,... Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I XXXX. XXXX XXXX XXXX XXXX XXXXXXXX. XXXX XXXXXXXX ; XXXX, XXXX and Banking, XXXX XXXX. XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX. \n\nIt is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX  XXXX, XXXX ( XXXX ) There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. XXXXXXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nA bank can lend it money, but not its credit. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. XXXX Ga XXXX, XXXX XXXX XXXX, XXXX XXXX ( NS ) XXXX. \n\n... the bank is allowed to hold money upon personal security ; but it must be money that it loans, not its credit. XXXX v. XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, XXXX, XXXX. \n\nA loan XXXX be defined as as the delivery by one party to, an the receipt by another party of, a sum of money upon an agreement, express of implied to repay the sum with or without interest. XXXX XXXX XXXX XXXX Ga XXXX, XXXX XXXX XXXX. Also see XXXX XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX. \nThe word money in its usual and ordinary acceptation means gold, silver, or paper money used as a circulation medium of exchange... XXXX XXXX XXXX XXXX Ky XXXX, XXXX XXXX XXXX XXXX. \n\nA promise to pay can not, by argument, however ingenious, be made the equivalent of actual payment... XXXX XXXX XXXX, XXXX XXXX  XXXX, XXXX Utah XXXX. \n\nA bank is not the holder in due course upon merely crediting the depositors account. XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX, XXXX. \n\nA check is merely an order on a bank to pay money. XXXX XXXX  XXXX, XXXX XXXX XXXX. \n\nXXXX XXXX XXXX XXXXXXXX - Title I : Public Company XXXX XXXX XXXX XXXX XXXX Public Company Accounting Oversight Board ( Board ) to : ( 1 ) oversee the audit of public companies that are subject to the securities laws ; ( 2 ) establish audit report standards and rules ; and ( 3 ) inspect, investigate, and enforce compliance on the part of registered public accounting firms, their associated persons, and certified public accountants.\n\nTitle II : Auditor Independence- Amends the Securities Exchange Act of 1934 to prohibit an auditor from performing specified non-audit services contemporaneously with an audit ( auditor independence ). Requires preapproval by the audit committee of the issuer for those non-audit services that are not expressly forbidden by this Act.\n\nTitle III : Corporate Responsibility- Confers responsibility upon audit committees of public companies for the appointment, compensation, and oversight of any registered public accounting firm employed to perform audit services. Requires an audit committee member to be a member of the board of directors of the issuer, and to be otherwise independent.\n\nTitle IV : Enhanced Financial Disclosures- Requires financial reports filed with the SEC to reflect all material correcting adjustments that have been identified by a registered public accounting firm in accordance with SEC rules and generally accepted accounting principles ( GAAP ).\n\nTitle V : Analyst Conflicts of Interest- Requires the SEC to adopt rules governing securities analysts ' potential conflicts of interest, including : ( 1 ) restricting the prepublication clearance or approval of research reports by persons either engaged in investment banking activities, or not directly responsible for investment research ; ( 2 ) limiting the supervision and compensatory evaluation of securities analysts to officials who are not engaged in investment banking activities ; ( 3 ) prohibiting a broker or dealer involved with investment banking activities from retaliating against a securities analyst as a result of an unfavorable research report that may adversely affect the investment banking relationship of the broker or dealer with the subject of the research report ; and ( 4 ) establishing safeguards to assure that securities analysts are separated within the investment firm from the review, pressure, or oversight of those whose involvement in investment banking activities might potentially bias their judgment or supervision.\n\nTitle VI : Commission Resources and Authority- Authorizes appropriations for FY 2003 to the SEC for : ( 1 ) additional staff compensation ; ( 2 ) enhanced oversight of auditors and audit services ; and ( 3 ) additional professional staff for fraud prevention, risk management, market regulation, and investment management.\n\nTitle VII : Studies and Reports- Mandates a GAO report to Congress on : ( 1 ) the factors leading to the consolidation of public accounting firms and the subsequent reduction in the number of firms providing audit services to businesses subject to the securities laws; and ( 2 ) the impact of such consolidation upon the capital formation and securities markets.\n\nTitle VIII : Corporate and Criminal Fraud Accountability- Corporate and Criminal Fraud Accountability Act of 2002 - Amends Federal criminal law to impose criminal penalties for : ( 1 ) knowingly destroying, altering, concealing, or falsifying records with intent to obstruct or influence either a Federal investigation or a matter in bankruptcy ; and ( 2 ) auditor failure to maintain for a five-year period all audit or review work papers pertaining to an issuer of securities.\n\nTitle IX : White-Collar Crime Penalty Enhancements- White-Collar Crime Penalty Enhancement Act of 2002 - Amends Federal criminal law to : ( 1 ) establish criminal penalties for attempt and conspiracy to commit criminal fraud offenses ; and ( 2 ) increase criminal penalties for mail and wire fraud.\n\nTitle X : Corporate Tax Returns- Expresses the sense of the Senate that the Federal income tax return of a corporation should be signed by its chief executive officer.\n\nTitle XI : Corporate Fraud Accountability- Corporate Fraud Accountability Act of 2002 - Amends Federal criminal law to establish a maximum 20-year prison term for tampering with a record or otherwise impeding an official proceeding.\n\nAccording to the Securities Exchange act of 1934 In respect of any securities issued by banks and savings associations the deposits of which are insured in accordance with the Federal Deposit Insurance Act, the powers, functions, and duties vested in the Commission to administer and enforce sections 10A ( m ), 12, 13, 14 ( a ), 14 ( c ), 14 ( d ), 14 ( f ), and 16 of this Act, and sections 302, 303, 304, 306, 401 ( b ), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002, ( 1 ) with respect to national banks and Federal savings associations, the accounts of which are insured by the Federal Deposit Insurance Corporation are vested in the Comptroller of the Currency, ( 2 ) with respect to all other member banks of the Federal Reserve System are vested in the Board of Governors of the Federal Reserve System , and ( 3 ) with respect to all other insured banks and State savings associations, the accounts of which are insured by the Federal Deposit Insurance Corporation , are vested in the Federal Deposit Insurance Corporation .\n\nAll securities are Federal and we can go to Federal court to resolve this case, at which point Capital One will have to provide all accounting.\n\nCapital One is in breach of the contracts and has not provided anything of value then I am requesting that Capital One return all funds that I sent mistakenly including the original amount of the promissory notes due to Fraud and personal damages in the amount of {>= $1,000,000}, remove all negative information on my consumer credit report.\n\nIf you dont comply with the FCRA and the Risk-Based Pricing Rule, you may be sued by the Federal Trade Commission , Consumer Financial Protection Bureau , state governments, or in some cases, consumers. The FCRA provides for maximum penalties of {$4800.00} per violation in the case of lawsuits brought by the FTC.FCRA 616, 617, 621 I am the beneficiary of my trust account. I did not give Capital One permission to administer my trust account. Please provide evidence otherwise.\n\nThank you for your time with this matter. \n\n: XXXX XXXX XXXX : XXXX UCC 3-308 Without prejudice Void where prohibited by law.","date_sent_to_company":"2024-04-08T18:23:59.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"93446","tags":null,"has_narrative":true,"complaint_id":"8725692","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-04-08T18:19:30.000Z","state":"CA","company_public_response":null,"sub_issue":"Confusing or misleading advertising about the credit card"},"highlight":{"complaint_what_happened":[": XXXX XXXX XXXX : XXXX UCC 3-308 <em>Without</em> prejudice Void where prohibited by law."]},"sort":[8.657334,"8725692"]},{"_index":"complaint-public-v1","_id":"15686296","_score":8.425538,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"JUST REPORTED A DISPUTE ON TRANSUNION AND CFPB, AND THE ALGORITHM ACTUALLY CHANGED MY RESPONSE DID I REQUEST INFORMATION. THIS CAN NOT CONTINUE. CFPB NEEDS TO CONDUCT A THOROUGH INTERNAL INVESTIGATION ASAP ON THIS MATTER AT HAND!!! 369. I HAVE PROOF The Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., is a federal law that promotes the accuracy, fairness, and privacy of personal information held by Consumer Reporting Agencies ( CRAs ). It regulates how CRAs collect, use, and share consumer information, giving consumers rights such as access to their credit reports and the ability to dispute inaccurate data. The FCRA is enforced by the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ).\n\n42 USC Ch. 126 : EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES From Title 42THE PUBLIC HEALTH AND WELFARE Racial Bias Geographical Racial Profiling Racial Social Profiling 1. The Fraud Act 2006 2. The Criminal Finances Act 2017 3.The Torts Act 1977 4. The Bank of England and Financial Services Act 2016 5. The Modern Slavery Act 2015 6. The Defamation Act 2013 7. The Financial Services Act 2012 8. The Misrepresentation Act 1967 9. The Malacious Communications Act 1988 10. The Data Protection Act 2018 11. The Protection from Harrassment Act 1997 12. The Theft Act 1968 13. The Bills of Exchange Act 1882 14. The Proceeds of Crime Act 2002 Deception That I created a security instrument/Promissory Note that the bank accepted my created Promissory note as cash That the note was added to the bank 's ledger as an asset That the bank sold it on the securities market as an original issue That the bank engaged an insurance policy to cover potential failure of the account.\n\nThat the bank was engaged in a conflict of interests That the bank made profit on sale of said security That the bank did not move any money/credit from thier own assets into my credit account That the bank collected monthly payments in service of the alleged debt That the bank charged interest on the alleged debt ( Usury ) 14th Amendment to the U.S. Constitution : Civil Rights ( 1868 ) Passed by Congress June 13, 1866, and ratified July 9, 1868, the 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.\n\nAMENDMENT XIV Section 1.\n\nAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws.\n\nSection 4.\n\nThe validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void.\n\nThis whole contract has been Very Detrimental to my Health and Mentally Abusive to my CONSCIENCE!!! 369 15 U.S. Code 1692e - False or misleading representations : Seems like conspiracy against rights to me!!! 369 VIOLATIONS : Excessive Taxes On Escrow.\n\nMISREPRESENTATION DURING LOAN PROCESS LOAN IS SETUP FOR THE FAILURE OF THE BORROWER WHICH THE ROLES OF THE BORROWER AND LENDER HAVE BEEN REVERSED ON ALMOST ALL MORTGAGE LOANS 2024!!!!!!!! ! 369 VIOLATIONS AS FOLLOWS : THIS ENTITY NEVER PUT UP EQUAL VALUE OF THIS CONSUMER TRADE DEAL!!!!! ! 369 WHICH IS CALLED MISLEADING AND MISREPRESENTATION!!!!!!!!! 369 This In Fact Is A Quasi-Contract \" Nemo debet locupletari ex aliena jactura ''.\n\nThe Duty of Care Causation Remoteness of Damage Concealment Vicarious Liability Defamation The Economic Crime ( Transparency and Enforcement ) Act 2022 Selling of Information Over the Internet ( Concealment ) Fraud By Non-Disclosure Negligence UNJUST ENRICHMENT!!!!!!!! ! 369 Enticement To Slavery Data Protection Act IMAGINARY CONTRACT [ ULTRA VIRES ] 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( 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\n2024 Louisiana Laws Revised Statutes Title 32 - Motor Vehicles and Traffic Regulation 32:796. Deposit and down payment disclosure and delivery of vehicle pending the sale Universal Citation : LA Rev Stat 32:796 ( 2024 ) Learn moreThis media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.\n\nPreviousNext RS 32:796 - Deposit and down payment disclosure and delivery of vehicle pending the sale A. In every transaction between a used motor vehicle dealer and a customer in which the customer provides a deposit on a used motor vehicle, the used motor vehicle dealer is required to provide a statement that the deposit given is on an agreement to purchase, and not an actual sale. The agreement shall clearly state that no transaction has actually occurred, that no sales documents have been completed, and that the deposit is merely intended as a hold on a vehicle.\n\nB. In every transaction between a used motor vehicle dealer and a customer in which the customer provides a down payment for the purchase of a used motor vehicle, the used motor vehicle dealer is required to provide, either on the bill of sale, or by separate agreement, a statement that the sale is conditioned upon certain identifiable events, such as financing or obtaining state-mandated compulsory automobile insurance.\n\nC. In every transaction between a used motor vehicle dealer and a customer in which the customer provides either a down payment or a deposit for the purchase of a used motor vehicle, the used motor vehicle dealer shall complete a disclosure statement containing the terms and conditions of the transaction, including but not limited to the following : ( 1 ) The amount of the deposit or down payment.\n\n( 2 ) Whether the money given is either a deposit or down payment.\n\n( 3 ) Terms and conditions for return or forfeiture of the customer 's deposit or down payment.\n\n( 4 ) A time limit in which to complete the transaction not to exceed twenty days.\n\n( 5 ) A complete description of the motor vehicle to be sold including the make, model, year, and any identification and serial numbers.\n\n( 6 ) The price of the vehicle and a description of the vehicle including the make, model, year, identification, and serial number and its condition.\n\n( 7 ) The amount of the trade-in allowance and a description of the trade-in vehicle including the make, model, year, identification, and serial number and its condition.\n\nD. If the dealer allows the customer to take delivery on a vehicle which is the subject of either a deposit or a down payment, a pre-delivery sale disclosure statement from the dealer and the customer shall include the following : ( 1 ) A condition report which clearly identifies any noticeable damage to the vehicle before it is released to the customer.\n\n( 2 ) A statement that if the dealer withdraws from the agreement to purchase, the customer will be responsible only for damages beyond normal wear and tear occurring during the customer 's use of the vehicle, the amount of which may be deducted from the deposit or down payment.\n\n( 3 ) A statement that if the customer withdraws from the agreement to purchase, the customer shall be responsible not only for damages occurring during the customer 's use of the vehicle but also for usage of the vehicle at a day rate not to exceed twenty-five dollars per day and thirty-five cents per mile, which may be deducted from the deposit or down payment. A customer shall be considered as having withdrawn from the agreement if the customer intentionally provided false or fraudulent information to the dealer in connection with the transaction.\n\n( 4 ) A statement that if the customer either withdraws from the agreement to purchase or fails to return the vehicle at the expiration of the term of the agreement, the dealer may seek repossession of the vehicle by any lawful means.\n\n( 5 ) A statement that if the dealer withdraws from the agreement to purchase that the dealer must give written notice, by certified or registered mail, to the customer at least five days prior to taking repossession of the vehicle which may be done by any lawful means, and only upon return of the deposit in accordance with this Section.\n\nE. It shall be unlawful and constitute a violation of this XXXX for any used motor vehicle dealer to fail to follow any of the provisions of this Section. \nActs 2014, No. 423, 1 ; Acts 2016, No. 288, 1.\n\n18 USC Section 241 Conspiracy Against Rights Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the UnitedStates or because of his or her having exercised such a right.\n\nUnlike most conspiracy statutes, 241 doesnotrequire, as an element, the commission of an overt act.\n\nThe offense is always a felony, even if the underlying conduct would not, on its own, establish a felony violation of another criminal civil rights statute. It is punishable by up to ten years imprisonment unless the government proves an aggravating factor ( such as that the offense involved kidnapping aggravated sexual abuse, or resulted in death ) in which case it may be punished by up to life imprisonment and, if death results, may be eligible for the death penalty.\n\n28 U.S. Code 3002 ( 3 ) Debt means ( A ) an amount that is owing to theUnited Stateson account of a direct loan, or loan insured or guaranteed, by theUnited States ; or ( B ) an amount that is owing to theUnited Stateson account of a fee, duty, lease, rent, service, sale of real or personalproperty, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by theUnited States, or other source of indebtedness to theUnited States, but that is not owing under the terms of a contract originally entered into by onlypersonsother than theUnited States.\n\n( 4 ) Debtor means apersonwho is liable for adebtor against whom there is a claim for adebt.\n\n( 10 ) Personincludesa naturalperson ( includingan individual Indian ), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, includingaStateor local government or an Indian tribe.\n\n( 11 ) Prejudgment remedy means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted beforejudgmenton the merits of a claim for adebt.\n\n( 12 ) Propertyincludesany present or future interest, whether legal or equitable, in real, personal ( includingchoses in action ), or mixedproperty, tangible or intangible, vested or contingent, wherever located and however held ( includingcommunitypropertyandpropertyheld in trust ( includingspendthrift and pension trusts ).\n\n( 14 ) State means any of the severalStates, the District of Columbia, the Commonwealth of PuertoRico, the Commonwealth of the Northern Marianas, or any territory or possession of theUnited States.\n\n( 15 ) United States means ( A ) a Federal corporation ; ( B ) an agency, department, commission, board, or other entity of theUnited States ; or ( C ) an instrumentality of theUnited States.\n\nArt VI.C1.1 Debts and Engagements Clause All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress , before the assembling of the United States , in pursuance of the present confederation, shall be deemed and considered as a charge against the United States , for payment and satisfaction whereof the said United States , and the public faith are hereby solemnly pledged.\n\nFourteenth Amendment, Section 4 : The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void.\n\nUNIVERSAL DECLARATION OF HUMAN RIGHTS ARTICLE 22 ( Relization ) ARTICLE 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.\n\nARTICLE 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.\n\nI AM THE EXECUTOR OF THE ESTATE OF [ XXXX XXXX XXXX ] Clan of [ XXXX XXXXXXXX 's ] WE THE PEOPLE!!!!!!!! XXXX","date_sent_to_company":"2025-09-04T02:00:37.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"70806","tags":"Servicemember","has_narrative":true,"complaint_id":"15686296","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-09-04T01:44:22.000Z","state":"LA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with personal statement of dispute"},"highlight":{"complaint_what_happened":["A customer shall be considered as having withdrawn from the agreement if the customer <em>intentionally</em> provided false or fraudulent information to the dealer in connection with the transaction.\n\n( 4 ) A statement that if the customer either withdraws from the agreement to purchase or fails to return the vehicle at the expiration of the term of the agreement, the dealer may seek repossession of the vehicle by any <em>lawful</em> means."]},"sort":[8.425538,"15686296"]},{"_index":"complaint-public-v1","_id":"3344343","_score":8.183989,"_source":{"product":"Debt collection","complaint_what_happened":"Dear CFPB :\n\nPlease find this Amended Complaint; Qualified Written Request; Validation of Debt; and Request for Adequate Assurance from Bank of America  (“BOA”) and XXXX XXXX, Inc. (XXXX XXXX”) aka XXXX  XXXX XXXX   (“XXXX”) for their mortgage fraud; fraud with XXXX XXXX securities; forgery; unlawful collection  and violations of all possible laws. \n\nWhile BOA’s sham conduit XXXX  XXXX XXXX, XXXX  (“XXXX”) who pretend to be “owner/investor” (now merely “servicer”) repeatedly stated that I have right to dispute my debt, at the same time they deprived me from  this right  and now illegally  try to accelerate my payments by threats  with a foreclosure – without proper validation or any Assurances, solely based on a poorly forged by XXXX XXXX Allonge to the Note (without any endorsements) where XXXX is not even mentioned. BOA relentless fraud, extortion  and scary tactic placed me under extreme emotional distress which caused severe damages to my health condition since I have to take strong pain killers and sleep medication because I lost my night sleep dealing with BOA and their co-conspirators criminal conduct and violations of all laws.  \n\nI received additional evidence from  XXXX which  clearly indicates that neither XXXX or XXXX are not the real party who actually own my debt but rather fake conduits for Bank of America who illegally cashing my mortgage payment checks without guaranteeing that upon completion of my loan I will successfully own my title. This evidence also shows that my “lender” is simply a front for BoA whose ultimate goal with my loan is to push me into foreclosure through murky collection practices and fees while the bank enriches itself through reselling my loan through securities known as CDO (derivatives). \n\nThis evidence further shows that my performing loan was internally defaulted by BOA to illegally remove it from XXXX  XXXX custody by abusing a XXXX XXXX rule that give issuers the option to buy back their loans if the loans are 90 days delinquent or more; and resell for profits . \n\nBoth XXXX  and XXXX  merely  impersonate as \"servicer\" and \"owners/investors\" to defraud me about the real identity of the party – BOA - who collects my mortgage payments as their handsome income  while they want me to think I repay the debt to legitimate investors; as well as about the real party who sends me threatening Notices – XXXX  XXXX. \n\nMy conclusion is based on  XXXX  respond  on XX/XX/XXXX where they sent me a copy of poorly forged Alonge to the Note which lacked any chain of Assignments in violation of all applicable laws; and threatened me with a Payoff demand – while I never refused to pay my mortgage to the  lawful owners of my debt as soon as the debt is validated. \n\nPlus, it appears that onXX/XX/XXXX XXXX   promptly changed its payment mailing address from XXXX XXXX XXXX  XXXX  TX to XXXX XXXX  XXXX, XXXX XXXX   CA, so I don’t even know where my mortgage payments should be mailed and who actually collected them in XXXX, TX where neither XXXX or XXXX  have no officers nearby. \n\nOn XX/XX/XXXX I emailed  a Complaint to Michigan Senator XXXX  asking for help and intervention. I included in this email Bank of America’s top executives. \n\nThe very same day,XX/XX/XXXX XXXX,  who during last three months  was not able to located any documents related to my loan,  suddenly \"found\" the whole closing package (!) which was emailed to them by someone else ( XXXX  XXXX) via large PDF file. \n\nYou can see from the attached documents, the top and the bottom of each page has a line \"Generated by XXXX XXXX\" (on top); and \"click here to unlock XXXX\" (on the bottom). This PDF file was sent by someone, aka XXXX  XXXX, owned by Mr. XXXX, XXXX, who also owns XXXX. While one part of Mr. XXXX business – XXXX XXXX fka XXXX XXXX XXXX /XXXX – operates a sophisticated forgery mill of  mortgage Notes to defraud borrowers and investors; another part – XXXX   XXXX  – issues property Title insurances for fatally damaged by  XXXX XXXX Titles\n\nXXXX  mailed this  package to me by overnight XXXX   about XXXX XXXX the same day, XX/XX/XXXX, apparently without even reviewing included  documents. Bear to repeat, I requested these documents since XXXX   XXXX  and XXXX  was not able to locate it until I included Senator XXXX  into this dispute.  Otherwise they would notice that the Note is not endorsed at all; and the Allonge is very poorly forged by someone who has NO authority to sign Notes or transfer them. \n\nXXXX   merely  separated XXXXt file in two parts and put one part on front of their package - such as a  copy of my Note without ANY endorsements and a copy of a very poorly forged Allonge  prepared by XXXX  XXXX XXXX XXXX  who on XX/XX/XXXX (!) the same day as my loan was signed, passed it to XXXX XXXX XXXX   while XXXX claimed that they received it on XX/XX/XXXX. It was unclear if Mr. XXXX  worked for XXXX or XXXX   at the time when he signed Allonge  to this Note which Mr. XXXX  had no authority to sign under ANY circumstances. \n\nThis is a glaring violation of all endorsement rules, plus Collateral Shipper XXXX  (who worked for whom?) had NO authority to sign anything to XXXX, he merely must obtain an authorized signature. XXXX XXXX or any Trust was not mentioned at all, as well as Mortgagee XXXX or “owner/investor” XXXX  (who is a FAKE Servicer) . \n\nI suspect that this Allonge was  prepared on a  rush basis on the same day, XX/XX/XXXX by  – Mr. XXXX - who had no idea about anything regarding my loan -  when XXXX   received it (XX/XX/XXXX); XXXX as a mortgage, ect. Someone (aka XXXX  XXXX) merely had someone (posing  as XXXX XXXX)  to sign an obviously fraudulent document. \n\nMr. XXXX signature is not a wet ink signature and appears to be an electronically forged signature which can be placed by anybody – thus, a modernized variation of robo-signing. \n\nIn the middle of the document pile XXXX  put billing documents received probably from XXXX. The don't have PDF file on the bottom and top (see XXXX  Sequence of documents)\n\n At the end XXXXc  attached  all documents related to origination, including Appraisal, photos, ect. Total over 100 pages (speaking about \"broad and burdensome\" request to give me a name of the Trust and proof of the valid Transfer with  value paid). Obviously, XXXX  wanted to make an impression that all these documents were originally in their files and kept in  consecutive chronological order while they were obviously not. \n\n Again, the front  and back parts of these documents were the same voluminous PDF file received by XXXX  via email from XXXX  XXXX  for the first time on XX/XX/XXXX while documents in the middle came from some other sources. \n\nNone of these documents mentioned  XXXX as an \"owner/investor\" (now XXXX claims to be merely \"servicers\" while Servicers are NOT owners of the loans, thus XXXX made false statements to mislead me about their “ownership” ).\n\nHere is  no proof of any valid transfer or any value paid by XXXX to XXXX or by XXXX to XXXX from whom XXXX received my loan from XXXX via  Allonge transfer on XX/XX/XXXX while XXXX insisted that they obtained my loan from XXXX onXX/XX/XXXX.  According to endorcement rules,  must use the NOTE space first before they attach any allonges. \n\nAccording to the Rules: The note must be endorsed to each subsequent owner of the mortgage unless one or more of the owners endorsed the note in blank. The last endorsement on the note should be that of the mortgage seller. The mortgage seller must endorse the note in blank and without recourse. \n\nThe only endorsement on the Allonge is “Pay to XXXX   XXXX  XXXX, Inc without recourse” was made on XX/XX/XXXX while XXXX claimed they are next servicers who receive my loan onXX/XX/XXXX for servicing purposes and owner/investor is XXXX  XXXX. No other endorsements are  present – neither to XXXX  XXXX   although they must be listed on the Note; nor to XXXX. \n\nThe Rules also specify using an Allonge for the Endorsement.   The endorsement must appear on the note. An allonge  may be used for the endorsement as long as the following requirements are met: The form and content of the allonge used must comply with all applicable state, local, or federal law governing the use of allonges and result in an enforceable and proper endorsement to the note.  The allonge must be permanently affixed to the related note and must clearly identify the note by referencing at least the name of the borrower(s), the date of the note, the amount of the note, and the address of the security property.  The note must clearly reference the attached allonge. XXXX XXXX status as a “holder in due course” must not be impaired. \n\nOnce again, here is NOTHING on the Note referencing to XXXX  XXXX; or XXXX or Allonge itself which was prepared by collateral shipper Mr. XXXX  who does not have authority to assign any Notes. \n\nIn other words, my Note and Allonge are a glaring example of modern documents forgery committed by the same companies who flooded US Courts with forged robo-signed foreclosures. These companies changed their names to XXXX, XXXX, and XXXX XXXX but their criminal practices are the same. \n\nBear to repeat, after I asked why both servicers  - XXXX   and XXXX receive my payments in the same post Office in XXXX TX, XXXX  promptly changed payment mailing address from XXXX XXXX  in XXXX TX to XXXX XXXX  XXXX XXXX  XXXX  CA .\n\n So, where I should pay my mortgage? Why XXXX   demanded my XXXX, XXXX and XXXX payments to be mailed to XXXX TX if they don’t even have offices in TX? Whom I paid my debt when I mailed my payments to XXXX  TX?  \n\nWhen I spoke with XXXX on XX/XX/XXXX around XXXX how they  deposited   my payments (this conversation was  witnessed by XXXX banker XXXX   XXXX  who processed my check  to XXXX), XXXX   representative Mr. XXXX said that XXXX deposited it in THEIR account with Bank of America. \n\nAccording to the refund check XXXX  mailed me on XX/XX/XXXX from their Oklahoma XXXX XXXX XX/XX/XXXX XX/XX/XXXX, OK XX/XX/XXXX, this BOA location is in Georgia and routing number is XX/XX/XXXX. It does not make any sense for XX/XX/XXXXwhose place of business is in Oklahoma, to collect my payments in XX/XX/XXXX TX and issue me refunds from BOA account located in XX/XX/XXXX GA while process my payments with a different BOA location. If XX/XX/XXXX used BOA location in GA, it would be reasonable to deposit my payments on the same account. \n\nBased on XXXX XXXX  MBS Guide, my payments should be handled by a Trustee (apparently XXXX XXXX  XXXX XXXX) and distributed to XXXX XXXX investors. None of it present.\n\nBut my payments were processed by BOA in TX (where neither XXXX or XXXX  do not have any offices nearby) and Bank of Final Deposit had routing number XXXX, which belonged to XXXX XXXX XXXX   which merged with BOA\n\nThe name of the Trust is not mentioned but the XXXX XXXX pool is supposedly XXXX. XXXX XXXX pools have different abbreviations; and I was not able to locate any XXXX Trusts.\n\nNow XXXX  said that they prepared a PayOff Demand letter, apparently trying to demand me to pay them FULL amount of my loan, in violation of all applicable laws, while I never refused to pay my debt and lawfully requested Validation of Debt and Adequate Assurance during which time I have right to suspend my performance.\n\nXXXX on XX/XX/XXXX for the first time provided me a copy of my Note – without ANY assignments; and poorly forged Allonge to the Note while the Note has no references to any Allonges or XXXX what-so-ever; and now XXXXXXXX wants me to pay them the ENTIRE amount of my loan, which is a text book fraud; wrongful collection; violation of FDCPA and racket under RICO Act.\n\nSo, the delay with payment was caused not by my refusal to pay ( I am willing and able my debt to legitimate investors) but by XXXX  violation of all applicable laws.\n\nI really don't know that to do about since these criminals have no limits in their violations of the law and I am consented they can illegally foreclose even though I have all evidence of their fraud and they cannot accelerate payments during validation period. \n\nI contacted XXXX XXXX (who emailed XXXX  PDF file on XX/XX/XXXX)  Here is that they said: “Ms. XXXX, Thank you for your correspondence.  This matter does not involve XXXX   XXXX business activities and any questions that you may have should be directed to the current servicer of your loan. Sincerely”\n\nThis is a blatant lie. First, XXXX XXXX ordered a copy of the FEMA map acting on behalf of XXXX as their client. \n\nSecond, anyone who knows about securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued. \nFor nearly all loans the central command was XXXX, aided by XXXX. \n\nWhile XXXX is technically defunct and XXXX XXXX went to jail taking one for the team, the functions of XXXX  remained the same.\n\nXXXX  changed its name to XXXX  XXXX  who in fact is owned and operated by XXXX   and Me. XXXX XXXX, and in a PR coup transformed itself into the publisher of what is largely viewed as comprehensive data on mortgage lending and foreclosures. Hence it went from the purveyor of false, fraudulent, forged documentation to the purveyor of data perceived as reliable and thence became a trusted source whose data is considered worthy of legal presumptions.\n\nSystems at XXXX/XXXX XXXX  include data processing on virtually all residential loans subject to claims of securitization many of which are represented by data on the XX/XX/XXXX  Platform which is a workaround to hide separate split transfers of the debt, the note and the mortgage or deed of trust. The systems on XXXX/XXXX   XXXX are designed for the express purpose of presenting consistent data in foreclosure claims. As such it also enables the rotation of apparent servicers, none of whom perform bookkeeping functions even if some of them interact with borrowers as if they were actually the servicers.\n\nThe rotation of servicers comes with the false representation and illusion of boarding in which the process is falsely represented as meaning that the new servicer inspected, audited, reviewed and input the data into their own system. None of that occurred. Instead the new servicer merely gained access to the same XXXX   system as the last servicer with a new login and password.\n\nAll evidence shows that the functions for fabricated, forging and robosigning documents continue to be performed under the direction of XXXX/XXXX XXXX (in fact, by XXXX under leadership of XXXX XXXX XXXX) ) which receives all instructions from various investment banks who have each started their own securitization scheme masking apparent trades in the secondary market for loans and trades in the shadow banking market where “private contracts” are regularly traded without any securities regulation.\n\n Far from dropping their connection with XXXX/XXXX the major banks have completely embraced this central repository of all loan data, all of which is subject to manual and algorithmic manipulation to suit the needs of the banks; thus they produce a report that creates the illusion of credibility, reliability and even independence even though none of those things are true.  This is why the claims of a “Boarding process” are pure fiction, because the records are always kept in the same place and never move. \n\nThis is obvious in my situation with fake Servicers XXXX   and XXXX  who have no documents pertaining to my loan. \n\nXXXX was the place where most of not all document fabrications took place including signatures that were forged or robosigned. Fabrication means that they were creating documents that did not previously exist. Those documents did not exist for only one reason, to wit: there was no transaction to document so the document was never prepared until it was necessary to fake it for the purposes of foreclosures.\n\nXXXX XXXX  is now used as a trusted source of information about mortgages and foreclosures despite being the central entity (operating through third party contractors) from which false documents are created and used in foreclosures.\n\nIt was necessary to fake it because under the law, it isn’t enough to allege or assert that a borrower failed to pay. Failure to pay is only a breach as to the owner of the debt who is entitled to receive the payment because he/she/it paid money for the debt and the rights to enforce. But no such payment ever occurred. If there is no rebach there is no claim.\n\nSo in order to cover-up the illusions created by fabrications of documents, it was necessary to fake the sending, filing and serving of process of documents. The secrecy  was accomplished by sending the notices not from the central repository, XXXX XXXX, which would make it obvious that it was all coming from one place, but from different locations around the country — hundreds of them.\n\nSo in my  example, XXXX agrees to let XXXX XXXX   use its name for notices, and Bank of America agrees to have the notice sent from one of its thousands of locations. In reality the notice came from XXXX XXXX (aka XXXX).\n\nAgain, it is very evident in my loan where XXXX  XXXX   was secretly  involved from the beginning when XXXX   XXXX ordered a Flood Insurance Map from FEMA acting on behalf of their “client” XXXX, the purported “Lender”. \n\n The  massive PDF file to XXXX was emailed on XX/XX/XXXX  by XXXX  XXXX  who did not even bother to prepare somehow legitimately-looking assignment or  include XXXX into it. Thus, Mr. XXXX   XXXX, who forged an Allonge, shall be held for document forgery and fraud against Federal Government from who Mr. XXXX  STOLE my loan and the Note which he “assigned” to XXXX, not XXXX XXXX. \n\nXXXX  evasive and incomplete responses regarding essential documents related to my debt – a copy of my Note with full chain of transfer and a receipt of sale/purchase,  leaves only one possible conclusion, to wit: that the loan origination was only one part of a much larger undisclosed scheme, the existence of which was intentionally obscured and withheld from the borrower, whose name, signature reputation and home were not just material, but absolutely essential requirements for the success of the scheme, which includes huge  tax evasion and money laundering. \n\nThe intent was clearly not to receive repayment of a loan. In fact all evidence currently available suggests that any money that has been received as a result of the “loans” to consumers was actually revenue disguised as principal, interest, or the proceeds of property sales – voluntary or involuntary. \n\nThe current evidence strongly suggests that there was a complete conversion of the loan receivable from the category of “asset” to “income.” In order to maintain the illusion, which required concealment of the conversion of the apparent loan receivable from asset to income, it was necessary to bring foreclosure actions on those consumers who had stopped making payments. This was true even though the parties to whom they were making payments, were not collecting on behalf of any party who owned the debt by virtue of having paid money for ownership of the debt and the rights to enforce it.\n\nBut since the loan receivable had been converted from asset to income they had to create the appearance that the conversion had never occurred. And that is why we saw widespread fabrication, forgery and Robo signing of backdated documents that referred to nonexistent transactions. In reality it is simply not possible that anyone in the chain of title could have paid any money for ownership of the debt and the rights to enforce it; this was simply because none of those parties had ever funded the origination or acquisition of the debt. All attributes of the debt and all revenue streams or profits from treating indirectly on the debt were sold for profit in which the participants in that revenue stream received at least 11 times the amount of the purported “loan.” As part of the cover-up most of the revenue stream was reported as return of capital, implying that the conversion to income had never occurred. This enabled avoidance of substantial income taxes on regular trading income.\n\nThe taxes lost to State and Federal Government were far in excess of the cost of various packages that were used to stimulate the economy after the crash caused by the very same investment bankers who had cheated the government out of the receipt of tax revenues, cheated homeowners, and cheated investors.\n \nIn the recent Complaint filed by the Department of Justice against XXXX  , the insiders who were trading digitized certificates and contracts deriving value from an index that referred to a group of loans that were not owned by any of the participants, referred to the “pooling” and the derivatives as a bag of XXXX whose value was something less then XXXX. And that is what is being enforced in foreclosure courts across the country. And somehow most homeowners continue to experience feelings of shame and regret for not giving even more revenue to players who will already profited in XXXX proportions to any money that was loaned. Those homeowners think that they are either paying a debt if they are making monthly payments, or they are giving up their house to pay a debt. If that was true, that none of the fabrication of documents, forgery or Robo signing would have been necessary. \n\nThus, a full validation of my debt to XXXX aka BOA;  and Adequate Assurance that I deal with a legitimate company, not with a bundle of the same criminals  who once crashed US economy is absolutely mandatory.  I respectfully request you to intervene and ORDER BOA, XXXX, and their co-conspirators to compensate me for ALL damages, in the amount no less that (1) 15% royalties from trades on my name, signature and reputation; (2) treble damages for fraud and forgery;( 3) treble damages for racket; (4) damages for extreme emotional distress while dealing with BOA RICO enterprise who as of today is engaged in a wide-spree crimes. \n\nBOA found it lucrative to gamble with lives and homes  of veterans like myself, with gross disregard to all damages their criminal conduct can cause. The laughable settlements paid by BOA with other people money only made fraud more attractive since BOA acts with total impunity and not afraid to defraud borrowers as much as they want. \n \nRegards. XXXX XXXX","date_sent_to_company":"2019-08-21T13:07:36.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"490XX","tags":"Servicemember","has_narrative":true,"complaint_id":"3344343","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2019-08-18T12:47:05.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["(XXXX XXXX”) aka XXXX  XXXX XXXX   (“XXXX”) for their mortgage fraud; fraud with XXXX XXXX <em>securities</em>; forgery; <em>unlawful</em> collection  and violations of all possible laws."]},"sort":[8.183989,"3344343"]},{"_index":"complaint-public-v1","_id":"6564071","_score":8.06853,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"FRAUD complaint against XXXX XXXX, Clear Recon Corp, and Aldridge Pite LLP. There are no statute of limitations on Fraud and Fraud vitiates all contracts and everything it touches from the beginning ( United States vs Throckmorton ). After sustaining a few injuries and not being able to work anymore because of a physical disability, Ive been able to read and research more about mortgage fraud happening to me by XXXX XXXX, Clear Recon Corp, and Aldridge Pite LLP. I've been trying to dispute and resolve this since last year and I have attached much of the proof but I have a lot more that I wasn't able to upload here because its a large amount but it's available upon request. I discovered there was never any actual valuable consideration given nor actual loan given. I gradually discovered all this information and that there was a lot of concealment and non-disclosure and Ive seen how fraudulently these companies operate. There are many violations these companies are committing and they are continually reporting negative inaccuracies causing damages to me and damages to my credit reports & public records causing harm and defamation of character violating 15 usc 1681g and 1681a1. They have violated many laws including but not limited to the Privacy Act of 1974, 15 U.S.C. 1681, 15 U.S.C. 1692, the FDCPA Fair Debt Collection Practices Act, the FCRA Fair Credit Reporting Act, RESPA Real Estate Procedures Act, TILA Truth in Lending Act, Regulation Z, & even the highest of laws, including the Maxims of law and Constitutional law. I first sent XXXX XXXX  an email on or about XX/XX/XXXX when the Forbearance period was ending and I got no response. I then sent a certified letter on XX/XX/XXXX requesting validation of debt via certified mail number XXXX. XXXX XXXX  then responded on XX/XX/XXXX, however their attempt to validate the debt did not meet the FDCPA standards. There also was shown a bifurcation/break in the chain of title and the deed did not match the promissory note making the instrument unenforceable yet they are still attempting to foreclose on my home and steal it by filing a Notice of Default in the public records violating FCRA and more. Furthermore, FDCPA codified in 15 USC 1692 stipulates that a debt collector must validate an alleged debt by affidavit, oath or deposition and cease all collection activity until proper validation is provided. XXXX XXXX failed to cease all negative collection activity and failed to comply with accurate reporting, and further keep violating my rights and are continually reporting negative transactions to the credit bureaus and more. On XX/XX/XXXX, I then sent XXXX XXXX an Affidavit of Truth notarized and titled, Lawful Notice of Affidavit of Truth Conditional Acceptance, with about 50 averments I discovered about mortgages, fraud, unlawful and lawful contracts and more. I served XXXX XXXX  via registered mail through an Administrative Lawful Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law. Maxims of Law include but are not limited to In Commerce an Unrebutted affidavit stands as truth, and A Declaration after 30 days becomes the final judgment in commerce, and Indeed no more than an affidavit is necessary to make a prima facie case ( United States V Kis, 658 F2d, 526,536 ( 9th cir 1981 ). I sent XXXX XXXX  via Registered mail # XXXX XXXX & XXXX notarized Affidavit of Truth along with an Estoppel with return signature receipt requested. I received confirmation of receipt in the mail however, there was no response to my affidavit from XXXX XXXX. On XXXX XXXX, via registered mail # XXXX XXXX & XXXX I then gave XXXX XXXX  another chance, in honor, another 10 days to respond and yet they still did not respond to my affidavit & it went unrebutted. They failed to respond to the affidavit altogether therefore tacitly agreeing to all the statements and acquiesced by silence ( see attached ). I then served XXXX XXXX  their final Notice of Default and Dishonor notarized with a True Bill in commerce on XX/XX/XXXX via Registered mail # XXXX XXXX & XXXX for over XXXX XXXX dollars in violations of Fraud and more ( see attached ). Silence can only be equated with Fraud when there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading ( U.S. vs Pruden & U.S. V. Twill XXXX XXXX XXXX  to this day has not responded to any of my affidavits of truth yet continue to criminally trespass on the issued Collateral Estoppel and violate my privacy rights and the laws stated above. On XX/XX/XXXX I responded to a letter that Aldridge Pite LLP, an unauthorized 3rd party sent me, that I did not give my written expressed permission to yet they sent me a letter saying XXXX XXXX  obtained them as Counsel to try to collect information to collect the debt. I responded via certified mail # XXXX letting them know that by operation of Law, XXXX XXXX  has already been put on Notice of Default and Dishonor and are under Collateral Estoppel and are prohibited from any collection activity ; no one, nor third party, can further make a claim as its already XXXX XXXX on its dispute. Nevertheless, Aldridge Pite LLP continued to criminally trespass on the Estoppel and that as well and sent me another package I received on XX/XX/XXXX that I realized had possibly forged and or fraudulent backdated documents on them. I would like to see the authenticity of those documents, a forensic audit requested may be in order here. Furthermore, if they barely got it transferred in their name in XX/XX/XXXX, how were they sending me and collecting on bills for years before that? A forensic and securitization audit is recommended for proof of all fraud committed. Furthermore they trespassed on the Estoppel I issued XXXX XXXX  on XX/XX/XXXX. Theres so much apparent fraud that needs to be addressed, investigated, audited and looked into here to avoid further violations of my rights, trespass and harm. XXXX XXXX, Aldridge Pite LLP and Clear Recon Corp appeared to have conspired together ( as it can be found Aldridge Pite LLP and Clear Recon Corp share a same address on XXXX XXXX in XXXX XXXX ) They continue to criminally trespass on the issued Estoppel and continually report negative items on all of the credit reports and even public records and are continually issuing threatening foreclosure mail and statements which are in clear violation of FCRA, FDCPA and many of the laws stated above. They further fraudulently filed a Notice of Default on public record XX/XX/XXXX at the XXXX XXXX XXXX records causing me so much emotional stress to me as well as my family and tenants causing harm and defamation of character. They sent out mail to 3 different addresses on XX/XX/XXXX violating my privacy rights and further causing harm. They furthermore keep reporting negative inaccuracies on many 3rd parties and credit reporting agencies including XXXX, XXXX, XXXX, XXXX, XXXX XXXX  XXXX XXXX and XXXX. I then further served all 3 companies via registered mail notarized to XXXX XXXX, Clear Recon Corp and Aldridge Pite LLP on XX/XX/XXXX an Affidavit of Truth and Notice to Cease and Desist via Registered mail # XXXX XXXX, XXXX, & XXXX & I also sent them a copy of my notarized rescission of signatures for Fraud dated XX/XX/XXXX and noting it goes back to anything signed from XX/XX/XXXX to present including rescission of signatures to MERS and XXXX XXXX  and any versions of their changed names or parenting or affiliated companies and or debt collectors ( see attached ) I tried to call XXXX on XX/XX/XXXX to report the Fraud as well to all 3 credit reporting agencies including XXXX and XXXX and they told me they would investigate it but the results just show that it seems verified and if there is identity theft to call the companies because they may not have a phone number to call me, but they all just continue to report inaccurate reporting causing me defamation of character, harm, emotional distress and more and violating the FCRA and the FDCPA. I have a pile of proof of all this evidence but the file was too large to upload here ( available upon request ; I can email it or mail it to you ). They are actually trying to steal my property and put it in foreclosure when they have no lawful or legal standing and the instruments are defective, fraudulent and are unenforceable according to State and Federal law. Their Fraud must be investigated and handled appropriately and their violations must stop immediately. My Constitutional Rights must be protected and furthermore I should be protected by all the laws put in place including at the Federal and State level including FCRA and FDCPA. According to UCC 9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES ( b ) [ Enforceability. ] Except as otherwise provided in subsections ( c ) through ( i ), a security interest is enforceable against the debtor and third parties with respect to the collateral only if : ( XXXX ) value has been given ; ( no value has been given, no valuable consideration or loan from XXXX XXXX, Clear Recon Corp or Aldridge Pite LLP ) Was the obligor in the mortgage or vehicle consumer credit contract given Valuable Consideration for the Note, Lien from the originator, the beneficiary of the deed of trust, the REMIC depositor or underwriter buyer ( s )? \nNo? No valuable consideration or loan was ever given and that was not disclosed to me from the beginning. Theres also apparent Securities Fraud involved that should possibly be investigated by the SEC and or the Attorney General.\n\nCase should be rested and closed here, no attachment under UCC 9-203 ( a ), no enforceability of the Note under UCC 203 ( b ), by any holder-in-due course or holder or non-holder of the Note, such as servicer, trustee, beneficiary of the deed of trust.\n\nread 'Attachment ' UCC 9-203 UCC 9-203 ( b ) enforcement of a lien against the Debtor only if Valuable Consideration has been given to your Debtor THE NEGOTIABLE INSTRUMENT NOTE BEING FORECLOSED ON HAS FORGED ALTERATION AND THEREFORE, THERE IS AUTOMATIC DISCHARGE OF ANY DEBT.\n\nIt appears there has been more fraud and possible forgery with the documents they recorded on XX/XX/XXXX at XXXX XXXX. as it appears to be extremely and unusually backdated to XX/XX/XXXX. I would like to see an audit of that Notaries book of signatures and thumbprints and dates and get aknowledgement of verified notary. It was mailed to me on XX/XX/XXXX. They further didnt give me due process, nor 30 days to respond and they quickly filed a Notice of Default on XX/XX/XXXX fraudulently yet it is in public records for all to see and now XXXX shows pre foreclosure and Im emotionally stressed as I'm now getting harassed daily with constant calls, and mail and its going to all 3 different addresses defaming my character and causing much emotional stress to my family, tenants and I, causing harm. \nPer Cal. Civil Code section 1700 ( material Alteration ) & Cal Penal Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION Despite the debt being disputed and made Res Judicata by their silence and non-response and tacitally agreeing to my Affidavit of Truth on XX/XX/XXXX along with a placed Estoppel on that date to hault collection activity and reporting ( see attached ), XXXX XXXX  , ALDRIDGE PITE LLP AND CLEAR RECON CORP continually criminally trespass on the Estoppel and seemed to have conspired together and acted in dishonor and bad faith without due process and Fraudulently filing. I have further rescinded all signatures, power of attorney, or beneficiary and/or trustee powers to anyone at XXXX XXXX  , Mers, any and all mortgage companies and debt collectors going back to XX/XX/XXXX and forward for Fraud and have provided them a copy as well as have attached it here ( it is dated XXXX ) Therefore, the Notice of Default filed XX/XX/XXXX by a defunct Trustee is NULL and VOID Nunc Pro Tunc as they have no authority or standing to act as a Trustee. \nI would not have signed any of those fraudulent contracts, Deed of Trust, if there was actual full disclosure and as that was sheer trickery played on me. There was no full disclosure and meeting of the minds to the contract agreement. The bank against me the alleged borrower, constructed the contract without me having all of the same information as per the rules of the contract. Therefore there has been a breach of contract. Making all contracts Null and Void. \nDue to the fact there was no meeting of the minds to the contract prior to the signing of the contract, and that the rules of the contract were deceptive in nature and was designed to benefit one party over the other i.e. to the benefit of the Bank who constructed the contract, this is FRAUD by the misrepresentation of a material fact. Through the rules that dictate contract law, and through the Statute of Frauds, there must be a meeting of the minds of the rules governing the contract or the contract is to be deemed null and void. \nFOR ALL THE ABOVE REASONS, THE attempted FORECLOSURE ACTION BY XXXX XXXX, Clear Recon Corp and Aldridge Pite LLP IS WRONGFUL ILLEGAL, HARMFUL AND NULL AND VOID. IT MUST BE TERMINATED IMMEDIATELY AND NOTICE OF DEFAULT RESCINDED. A FULL SATISFACTION OF MORTGAGE AND RECONVEYANCE OF THE DEED MUST BE RECORDED IN XXXX XXXX XXXX WHERE THE PROPERTY IS LOCATED. \nSHOULD THEY CONTINUE WITH THE WRONGFUL AND ILLEGAL FORECLOSURE, THEY WILL BE INVOICED TRIPLE THE AMOUNT THEY ARE FORECLOSING ON IN DAMAGES. \nI WOULD LIKE TO REQUEST CFPB Consumer Financial Protection Bureau TO INVESTIGATE THE FRAUD THAT IS BEING PURPORTED ON CONSUMERS UNDER THE GUISE OF A MORTGAGE AND TAKE APPROPRIATE ACTIONS TO PROTECT THE UNINFORMED CONSUMERS. Thank you for your immediate help and investigation in this matter to protect me and others against all these violations as a federally protected consumer.","date_sent_to_company":"2023-02-14T03:44:38.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"91739","tags":"Servicemember","has_narrative":true,"complaint_id":"6564071","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2023-02-14T03:44:30.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX, I then sent XXXX XXXX an Affidavit of Truth notarized and titled, <em>Lawful</em> Notice of Affidavit of Truth Conditional Acceptance, with about 50 averments I discovered about mortgages, fraud, <em>unlawful</em> and <em>lawful</em> contracts and more. I served XXXX XXXX  via registered mail through an Administrative <em>Lawful</em> Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law."]},"sort":[8.06853,"6564071"]},{"_index":"complaint-public-v1","_id":"6564070","_score":8.065151,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"FRAUD complaint against XXXX XXXX, Clear Recon Corp, and Aldridge Pite LLP. There are no statute of limitations on Fraud and Fraud vitiates all contracts and everything it touches from the beginning ( United States vs Throckmorton ). After sustaining a few injuries and not being able to work anymore because of a physical disability, Ive been able to read and research more about mortgage fraud happening to me by XXXX XXXX, Clear Recon Corp, and Aldridge Pite LLP. I've been trying to dispute and resolve this since last year and I have attached much of the proof but I have a lot more that I wasn't able to upload here because its a large amount but it's available upon request. I discovered there was never any actual valuable consideration given nor actual loan given. I gradually discovered all this information and that there was a lot of concealment and non-disclosure and Ive seen how fraudulently these companies operate. There are many violations these companies are committing and they are continually reporting negative inaccuracies causing damages to me and damages to my credit reports & public records causing harm and defamation of character violating 15 usc 1681g and 1681a1. They have violated many laws including but not limited to the Privacy Act of 1974, 15 U.S.C. 1681, 15 U.S.C. 1692, the FDCPA Fair Debt Collection Practices Act, the FCRA Fair Credit Reporting Act, RESPA Real Estate Procedures Act, TILA Truth in Lending Act, Regulation Z, & even the highest of laws, including the Maxims of law and Constitutional law. I first sent XXXX XXXX  an email on or about XX/XX/XXXX when the Forbearance period was ending and I got no response. I then sent a certified letter on XX/XX/XXXX requesting validation of debt via certified mail number XXXX. XXXX XXXX  then responded on XX/XX/XXXX, however their attempt to validate the debt did not meet the FDCPA standards. There also was shown a bifurcation/break in the chain of title and the deed did not match the promissory note making the instrument unenforceable yet they are still attempting to foreclose on my home and steal it by filing a Notice of Default in the public records violating FCRA and more. Furthermore, FDCPA codified in 15 USC 1692 stipulates that a debt collector must validate an alleged debt by affidavit, oath or deposition and cease all collection activity until proper validation is provided. XXXX XXXX  failed to cease all negative collection activity and failed to comply with accurate reporting, and further keep violating my rights and are continually reporting negative transactions to the credit bureaus and more. On XX/XX/XXXX, I then sent XXXX XXXX an Affidavit of Truth notarized and titled, Lawful Notice of Affidavit of Truth Conditional Acceptance, with about 50 averments I discovered about mortgages, fraud, unlawful and lawful contracts and more. I served XXXX XXXX  via registered mail through an Administrative Lawful Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law. Maxims of Law include but are not limited to In Commerce an Unrebutted affidavit stands as truth, and A Declaration after 30 days becomes the final judgment in commerce, and Indeed no more than an affidavit is necessary to make a prima facie case ( United States V Kis, 658 F2d, 526,536 ( 9th cir 1981 ). I sent XXXX XXXX  via Registered mail # XXXX XXXX XXXX  XXXX notarized Affidavit of Truth along with an Estoppel with return signature receipt requested. I received confirmation of receipt in the mail however, there was no response to my affidavit from XXXX XXXX. On XXXX XXXX, via registered mail # XXXX XXXX & XXXX I then gave XXXX XXXX  another chance, in honor, another 10 days to respond and yet they still did not respond to my affidavit & it went unrebutted. They failed to respond to the affidavit altogether therefore tacitly agreeing to all the statements and acquiesced by silence ( see attached ). I then served XXXX XXXX  their final Notice of Default and Dishonor notarized with a True Bill in commerce on XX/XX/XXXX via Registered mail # XXXX XXXXXXXX XXXX XXXXXXXX for over XXXX XXXX dollars in violations of Fraud and more ( see attached ). Silence can only be equated with Fraud when there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading ( U.S. vs Pruden & U.S. V. Twill ) XXXX XXXX  to this day has not responded to any of my affidavits of truth yet continue to criminally trespass on the issued Collateral Estoppel and violate my privacy rights and the laws stated above. On XX/XX/XXXX I responded to a letter that Aldridge Pite LLP, an unauthorized 3rd party sent me, that I did not give my written expressed permission to yet they sent me a letter saying XXXX XXXX  obtained them as Counsel to try to collect information to collect the debt. I responded via certified mail # XXXX letting them know that by operation of Law, XXXX XXXX  has already been put on Notice of Default and Dishonor and are under Collateral Estoppel and are prohibited from any collection activity ; no one, nor third party, can further make a claim as its already Res Judicata on its dispute. Nevertheless, Aldridge Pite LLP continued to criminally trespass on the Estoppel and that as well and sent me another package I received on XX/XX/XXXX that I realized had possibly forged and or fraudulent backdated documents on them. I would like to see the authenticity of those documents, a forensic audit requested may be in order here. Furthermore, if they barely got it transferred in their name in XX/XX/XXXX, how were they sending me and collecting on bills for years before that? A forensic and securitization audit is recommended for proof of all fraud committed. Furthermore they trespassed on the Estoppel I issued XXXX XXXX  on XX/XX/XXXX. Theres so much apparent fraud that needs to be addressed, investigated, audited and looked into here to avoid further violations of my rights, trespass and harm. XXXX XXXX, Aldridge Pite LLP and Clear Recon Corp appeared to have conspired together ( as it can be found Aldridge Pite LLP and Clear Recon Corp share a same address on XXXX XXXX in XXXX XXXX ) They continue to criminally trespass on the issued Estoppel and continually report negative items on all of the credit reports and even public records and are continually issuing threatening foreclosure mail and statements which are in clear violation of FCRA, FDCPA and many of the laws stated above. They further fraudulently filed a Notice of Default on public record XX/XX/XXXX at the XXXX XXXX XXXX records causing me so much emotional stress to me as well as my family and tenants causing harm and defamation of character. They sent out mail to 3 different addresses on XX/XX/XXXX violating my privacy rights and further causing harm. They furthermore keep reporting negative inaccuracies on many 3rd parties and credit reporting agencies including XXXX, XXXX, XXXX, XXXXXXXX XXXX XXXX  XXXX XXXX and XXXX. I then further served all 3 companies via registered mail notarized to XXXX XXXX, Clear Recon Corp and Aldridge Pite LLP on XX/XX/XXXX an Affidavit of Truth and Notice to Cease and Desist via Registered mail # XXXX XXXX, XXXXXXXX XXXX XXXXXXXX & I also sent them a copy of my notarized rescission of signatures for Fraud dated XX/XX/XXXX and noting it goes back to anything signed from XX/XX/XXXX to present including rescission of signatures to MERS and XXXX XXXX  and any versions of their changed names or parenting or affiliated companies and or debt collectors ( see attached ) I tried to call XXXX on XX/XX/XXXX to report the Fraud as well to all 3 credit reporting agencies including XXXX and XXXX and they told me they would investigate it but the results just show that it seems verified and if there is identity theft to call the companies because they may not have a phone number to call me, but they all just continue to report inaccurate reporting causing me defamation of character, harm, emotional distress and more and violating the FCRA and the FDCPA. I have a pile of proof of all this evidence but the file was too large to upload here ( available upon request ; I can email it or mail it to you ). They are actually trying to steal my property and put it in foreclosure when they have no lawful or legal standing and the instruments are defective, fraudulent and are unenforceable according to State and Federal law. Their Fraud must be investigated and handled appropriately and their violations must stop immediately. My Constitutional Rights must be protected and furthermore I should be protected by all the laws put in place including at the Federal and State level including FCRA and FDCPA. According to UCC 9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES ( b ) [ Enforceability. ] Except as otherwise provided in subsections ( c ) through ( i ), a security interest is enforceable against the debtor and third parties with respect to the collateral only if : ( XXXX ) value has been given ; ( no value has been given, no valuable consideration or loan from XXXX XXXX, Clear Recon Corp or Aldridge Pite LLP ) Was the obligor in the mortgage or vehicle consumer credit contract given Valuable Consideration for the Note, Lien from the originator, the beneficiary of the deed of trust, the REMIC depositor or underwriter buyer ( s )?\n\nNo? No valuable consideration or loan was ever given and that was not disclosed to me from the beginning. Theres also apparent Securities Fraud involved that should possibly be investigated by the SEC and or the Attorney General. \nCase should be rested and closed here, no attachment under UCC 9-203 ( a ), no enforceability of the Note under UCC 203 ( b ), by any holder-in-due course or holder or non-holder of the Note, such as servicer, trustee, beneficiary of the deed of trust.\n\nread 'Attachment ' UCC 9-203 UCC 9-203 ( b ) enforcement of a lien against the Debtor only if Valuable Consideration has been given to your Debtor THE NEGOTIABLE INSTRUMENT NOTE BEING FORECLOSED ON HAS FORGED ALTERATION AND THEREFORE, THERE IS AUTOMATIC DISCHARGE OF ANY DEBT. \nIt appears there has been more fraud and possible forgery with the documents they recorded on XX/XX/XXXX at XXXXXXXX XXXX as it appears to be extremely and unusually backdated to XX/XX/XXXX. I would like to see an audit of that Notaries book of signatures and thumbprints and dates and get aknowledgement of verified notary. It was mailed to me on XX/XX/XXXX. They further didnt give me due process, nor 30 days to respond and they quickly filed a Notice of Default on XX/XX/XXXX fraudulently yet it is in public records for all to see and now XXXX shows pre foreclosure and Im emotionally stressed as I'm now getting harassed daily with constant calls, and mail and its going to all 3 different addresses defaming my character and causing much emotional stress to my family, tenants and I, causing harm.\n\nPer Cal. Civil Code section 1700 ( material Alteration ) & Cal Penal Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION Despite the debt being disputed and made Res Judicata by their silence and non-response and tacitally agreeing to my Affidavit of Truth on XX/XX/XXXX along with a placed Estoppel on that date to hault collection activity and reporting ( see attached ), XXXX XXXX , ALDRIDGE PITE LLP AND CLEAR RECON CORP continually criminally trespass on the Estoppel and seemed to have conspired together and acted in dishonor and bad faith without due process and Fraudulently filing. I have further rescinded all signatures, power of attorney, or beneficiary and/or trustee powers to anyone at XXXX XXXX  XXXX Mers, any and all mortgage companies and debt collectors going back to XX/XX/XXXX and forward for Fraud and have provided them a copy as well as have attached it here ( it is dated XXXX ) Therefore, the Notice of Default filed XX/XX/XXXX by a defunct Trustee is NULL and VOID Nunc Pro Tunc as they have no authority or standing to act as a Trustee. \nI would not have signed any of those fraudulent contracts, Deed of Trust, if there was actual full disclosure and as that was sheer trickery played on me. There was no full disclosure and meeting of the minds to the contract agreement. The bank against me the alleged borrower, constructed the contract without me having all of the same information as per the rules of the contract. Therefore there has been a breach of contract. Making all contracts Null and Void. \nDue to the fact there was no meeting of the minds to the contract prior to the signing of the contract, and that the rules of the contract were deceptive in nature and was designed to benefit one party over the other i.e. to the benefit of the Bank who constructed the contract, this is FRAUD by the misrepresentation of a material fact. Through the rules that dictate contract law, and through the Statute of Frauds, there must be a meeting of the minds of the rules governing the contract or the contract is to be deemed null and void. \nFOR ALL THE ABOVE REASONS, THE attempted FORECLOSURE ACTION BY XXXX XXXX, Clear Recon Corp and Aldridge Pite LLP IS WRONGFUL ILLEGAL, HARMFUL AND NULL AND VOID. IT MUST BE TERMINATED IMMEDIATELY AND NOTICE OF DEFAULT RESCINDED. A FULL SATISFACTION OF MORTGAGE AND RECONVEYANCE OF THE DEED MUST BE RECORDED IN XXXX XXXX XXXX WHERE THE PROPERTY IS LOCATED. \nSHOULD THEY CONTINUE WITH THE WRONGFUL AND ILLEGAL FORECLOSURE, THEY WILL BE INVOICED TRIPLE THE AMOUNT THEY ARE FORECLOSING ON IN DAMAGES. \nI WOULD LIKE TO REQUEST CFPB Consumer Financial Protection Bureau TO INVESTIGATE THE FRAUD THAT IS BEING PURPORTED ON CONSUMERS UNDER THE GUISE OF A MORTGAGE AND TAKE APPROPRIATE ACTIONS TO PROTECT THE UNINFORMED CONSUMERS. Thank you for your immediate help and investigation in this matter to protect me and others against all these violations as a federally protected consumer.","date_sent_to_company":"2023-02-14T03:44:38.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"91739","tags":"Servicemember","has_narrative":true,"complaint_id":"6564070","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2023-02-14T03:44:30.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX, I then sent XXXX XXXX an Affidavit of Truth notarized and titled, <em>Lawful</em> Notice of Affidavit of Truth Conditional Acceptance, with about 50 averments I discovered about mortgages, fraud, <em>unlawful</em> and <em>lawful</em> contracts and more. I served XXXX XXXX  via registered mail through an Administrative <em>Lawful</em> Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law."]},"sort":[8.065151,"6564070"]},{"_index":"complaint-public-v1","_id":"7711115","_score":7.766806,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"NOTICE TO PRINCIPAL IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCIPAL. \n\nI, XXXX, XXXX XXXX here on behalf of XXXX XXXX hereby accepts all titles, rights, interest and equity owed to the XXXX XXXX. \n\nI was given a call from the number ( XXXX ) XXXX from an executive with ONE MAIN FINANCIAL on XX/XX/XXXX at XXXX XXXX. I was told that the application was not finished, but I have already submitted the application. I also stated that I filled out the application for {$10000.00} but ONE MAIN FINANCIAL was counter offering me {$5600.00}. Documentation has also been sent to ONE MAIN FINANCIAL previously. A copy of the Federal Reserve Act was included in the documentation. This will be my third letter to ONE MAIN FINANCIAL. \n\nUpdate : On XX/XX/XXXX ONE MAIN FINANCIAL by XXXX contacted me. At first I was told the loan amount was for {$10000.00}. At that time, I believed this call was connected to the one I received the day before. Upon asking further questions I was told that the loan amount was for {$5600.00}. I mentioned to XXXX that I already talked with someone yesterday. I asked if she was aware of that and she stated that she was not. I then asked her if she had the application and paperwork that I sent and she also stated that she did not. She stated that the application was pushed through to her. She asked what did I have for collateral, which confused me. I then realized that ONE MAIN FINANCIAL was trying to finalize the loan for {$5600.00}. I mentioned the conversation I had with an executive member again and asked her if she was familiar with the Federal Reserve Act. She was not. She then out me on hold and the Branch Manager XXXX XXXX got on the phone seemingly perturbed. She stated that my application was not collateral. She also stated that they dont go by the same guidelines. She essentially stated that they do not follow the law. She mentioned that they used investors. I then asked her where the investor would keep their money and she said a bank. This confused me because if they deal with banks, which they would have to being that they deal with money, wouldnt that make the company an affiliate? She then reiterated that I need to submit a collateral and I replied that I already had by submitting the application along with tender which under the Federal Reserve Act, is the collateral Security. I also mentioned the Equal Credit Opportunity Act. Essentially I was being forced to submit personal belongings on top of the security I already sent along with tender. I asked if there was anyone else I could speak to and she said no and that I would receive a letter. I was denied credit on the phone. \nOn XX/XX/XXXX I received an email stated that I was denied. But in documentation I received on XX/XX/XXXX I was approved on contingencies that had nothing to do with XXXX or any other credit-reporting agency. What this essentially means is I was approved until I showcased my competency of the law. I believe I am being discriminated against because I am exercising my rights under the Consumer Credit Protection Act as well as the Federal Reserve Act. If I didnt mention these laws and I continued with the transaction I would not have received a denial letter by email. \n\nOn XX/XX/XXXX I received a letter dated for XX/XX/XXXX that stated : OneMain believes you are mistaken on all points of law in your complaint This is said but none of my points of law have been refuted. Furthermore I have gone back to that letter and here is my clarification : Section 16. Note Issues 1. Issuance of Federal Reserve notes ; nature of obligation ; where redeemable Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are hereby authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX  XXXX District of Columbia, or at any Federal Reserve bank. \nThe said notes are OBLIGATIONS OF THE UNITED STATES. \n\nThe Federal Reserve Act states that under Section 16 Part 2 Any Federal Reserve Bank may make application to the Local Federal Reserve notes hereinbefore provided ( in Section 16 Part 1 ) for as it may require.\n\nDoes a bank or financial institution fill out its own applications? \n\nSuch application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. \n\nI attached a tender to the application printout that I sent with my first letters. \n\nThe collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this act, or bills of exchange endorsed by a member bank of any Federal reserve district and purchased under the provisions of section 14 of this act, or bankers acceptances purchased under provisions of said section 14, or gold certificates, or special Drawing Right certificates, or any obligations which are direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency thereof, or assets that the Federal Reserve banks may purchase or hold under section 14 of this act or any other asset of a Federal Reserve Bank. In no event shall such security collateral be less than the amount of Federal Reserve Notes applied for. \n\nCollateral is an asset you can pledge to secure financing. The collateral security I offered was the application with the XXXX XXXX name and social security number. Along with that a tender was attached. \n\nI applied for {$10000.00} and gave ONE MAIN FINANCIAL the security on behalf of XXXX XXXX XXXX which on face value would be worth {$10000.00} ( the same amount I applied for ). I was then offered {$5600.00}. Thats where I have an issue. Essentially the collateral security I submitted was {$10000.00} I am now being told that it is {$5600.00}. ONE MAIN FINANCIAL is changing the terms. I applied for {$10000.00} Federal Reserve Notes. Thus making it less than the amount of Federal Reserve notes I applied for.\n\nIn no event shall such collateral security be less than the amount of Federal Reserve Notes applied for.\n\nFurther more here are more laws from the Consumer Credit Protection Act and other pertinent USC Statutes : In pursuant to 15 USC 1602 ( L ) the term credit card was used to initiate the consumer credit transaction The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\nMy social security card was used to initiate this transaction. By definition in the United States Code my social security card is a credit card.\n\nA transaction took place so therefore someone got paid.\n\nI am also the cardholder and holder in due course.\n\nPursuant to 15 USC 1602 ( N ) I am the one who came with the credit to initiate the transaction. It is not possible to be denied when I used the credit card to initiate the transaction. By possessing this card and being the original creditor, I am automatically approved and I am automatically credit worthy, by law.\n\nPursuant to 15 USC 1691 ( b ) and ( c ) the contingencies of approval for the application fro ONE MAIN FINANCIAL are not listed, this means that the actions taken by ONE MAIN FINANCIAL constitute as discrimination.\n\nPursuant to 15 USC 1602 ( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\nAgain, pursuant to laws under the United States Code I am the original creditor.\n\nCredit is my right and I am the one who regularly extends credit pursuant to 15 USC 1062 ( g ). I am the original creditor and I am well aware of my rights.\n\nI know that reporting to the consumer reporting agencies is voluntary. This is an inequitable transaction. Nowhere in the FCRA does the term adverse action state that a natural person can be denied credit.\n\nAs the original creditor it is unlawful to deny me my right to grant credit. Furthermore my credit was used and I received no benefit for the use of my credit. An inquiry is a receipt of a transaction. An inquiry showed up on my consumer report which means someone used my credit and I received no benefit from it at all. I never got anything from this transaction. In fact damages were done from the denial of my rights mentally and financially.\n\nUnauthorized use 15 USC 1602 ( p ) ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.\n\nIve been discriminated against, as there are no Federal laws that state I can be denied of my right to extend credit. I have in good faith exercised my rights and I the natural person on behalf of the XXXX XXXX have been discriminated against for exercising my rights pursuant to 15 USC 1691 : ( a ) ACTIVITIES CONSTITUTING DISCRIMINATION It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( XXXX ) on the basis of race, XXXX, religion, national origin, XXXX or marital status, or age ( provided the applicant has the capacity to contract ) ; ( XXXX ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has in good faith exercised any right under this chapter For the damages that have been done to my mental distress and financial reputation, as I take my consumer report and life seriously, I will take this to a Federal level if my requests to open account ( XXXX ) are not honored. I am aware of my open end credit plan and my right to contract unlimited without being denied. I demand ONE MAIN FINANCIAL abide by federal law and open the account ( XXXX ) for which Ive extended credit. \n\nThe fact remains that the XXXX XXXX has provided XXXX MAIN FINANCIAL with security collateral and has not received anything in return. This is inequitable to the XXXX XXXX and only benefits ONE MAIN FINANCIAL. \n\nXXXX XXXX was approved on certain conditions but only offered {$5600.00} as opposed to what was initially applied for. This is a violation under the Federal Reserve Act as well as the United States Code.\n\nONE MAIN FINANCIAL has intentionally violated my rights. \n\nI hereby instruct XXXX  or indentured trustee for ONE MAIN FINANCIAL to release any titles, interest, equity or rights owed to the XXXX XXXX. \n\nSend the loan applied for by the XXXX XXXX, which is in the amount of {$10000.00} as well as any other interest, titles, rights and equity to the address : XXXX XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX \n\nIf this is not done ONE MAIN FINANCIAL will owe {$10000.00} in punitive damages pursuant to 15 USC 1691 E Civil Liability ( b ), as well as the loan in the amount of {$10000.00}.\n\n( b ) RECOVERY OF PUNITIVE DAMAGES IN INDIVIDUAL AND CLASS ACTION FOR ACTUAL DAMAGES ; EXEMPTIONS ; MAXIMUM AMOUNT OF PUNITIVE DAMAGES IN INDIVIDUAL ACTIONS ; LIMITATION ON TOTAL RECOVERY IN CLASS ACTIONS ; FACTORS DETERMINING AMOUNT OF AWARD Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than {$10000.00}, in addition to any actual damages provided in subsection ( a ), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of {$500000.00} or XXXX per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. \n\nONE MAIN FINANCIAL will also be subject to the Section 29 Civil Money Penalty Pursuant to the Federal Reserve Act for XXXX  this continues retroactive to when ONE MAIN FINANCIAL was made aware of this issue. \n\nTier XXXX : XXXX XXXX XXXX XXXX : {$45000.00} Tier XXXX : XX/XX/XXXX XXXX XX/XX/XXXX : {$150000.00} Tier XXXX : XX/XX/XXXX Until resolved : Currently at the writing of this the amount is {>= $1,000,000} and will continue for each business day this issue is not resolved. \n\nTotal : {>= $1,000,000} Section 29. Civil Money Penalty ( a ) First Tier. Any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who, violates any provision of section 22, 23A, or 23B, or any regulation issued pursuant thereto, shall forfeit and pay a civil penalty of not more than {$5000.00} for each day during which such violation continues.\n\n[ 12 USC 504 ( a ). A\ns added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by acts of Oct. 15, 1982 ( 96 Stat. 1523 ) and Aug. 9, 1989 ( 103 Stat. 470 ). ] ( b ) Second Tier. Notwithstanding subsection ( a ), any member bank which, and any institution-affiliated party ( within the meaning of section XXXX ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who 1.\n\nA. commits any violation described in subsection ( a ) ; B. recklessly engages in an unsafe or unsound practice in conducting the affairs of such member bank ; or C. breaches any fiduciary duty ; 2. which violation, practice, or breach -- A. is part of a pattern of misconduct ; B. causes or is likely to cause more than a minimal loss to such member bank ; or C. results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than {$25000.00} for each day during which such violation, practice, or breach continues.\n\n[ 12 USC 504 ( b ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( c ) Third Tier. Notwithstanding subsections ( a ) and ( b ), any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who -- 1. knowingly -- A. commits any violation described in subsection ( a ) ; B. engages in any unsafe or unsound practice in conducting the affairs of such credit union ; or C. breaches any fiduciary duty ; and 2. knowingly or recklessly causes a substantial loss to such credit union or a substantial pecuniary gain or other benefit to such party by reason of such violation, practice, or breach, shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under subsection ( d ) for each day during which such violation, practice, or breach continues.\n\n[ 12 USC 504 ( c ). As added by act of Nov. 10, 1978 ( 72 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( d ) Maximum Amounts Of Penalties For Any Violation Described In Subsection ( c ). The maximum daily amount of any civil penalty which may be assessed pursuant to subsection ( c ) for any violation, practice, or breach described in such subsection is -- 1. in the case of any person other than a member bank, an amount to not exceed {>= $1,000,000} ; and 2. in the case of a member bank, an amount not to exceed the lesser of -- A. {>= $1,000,000} ; or B. 1 percent of the total assets of such member bank.\n\n[ 12 USC 504 ( d ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by acts of Oct. 15, 1982 ( 96 Stat. 1523 ) and Aug. 9, 1989 ( 103 Stat. 470 ). ] ( e ) Assessment, Etc. Any penalty imposed under subsection ( a ), ( b ), or ( c ) shall be assessed and collected by 1. in the case of a national bank, by the Comptroller of the Currency ; and 2. in the case of a State member bank, by the Board, in the manner provided in subparagraphs ( E ), ( F ), ( G ), and ( I ) of section 8 ( i ) ( 2 ) of the Federal Deposit Insurance Act for penalties imposed ( under such section ) and any such assessment shall be subject to the provisions of such section.\n\n[ 12 USC 504 ( e ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( f ) Hearing. The member bank or other person against whom any penalty is assessed under this section shall be afforded an agency hearing if such member bank or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section 8 ( h ) of the Federal Deposit Insurance Act shall apply to any proceeding under this section.\n\n[ 12 USC 504 ( f ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( g ) Disbursement. All penalties collected under authority of this paragraph shall be deposited into the Treasury.\n\n[ 12 USC 504 ( g ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( h ) Violate Defined. For purposes of this section, the term \" violate '' includes any action ( alone or with another or others ) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation.\n\n[ 12 USC 504 ( h ). As added by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( i ) Regulations. The Comptroller of the Currency and the Board shall prescribe regulations establishing such procedures as may be necessary to carry out this section.\n\n[ 12 USC 504 ( i ). As added by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( m ) * Notice Under This Section After Separation From Service. The resignation, termination of employment or participation, or separation of an institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to a member bank ( including a separation caused by the closing of such a bank ) shall not affect the jurisdiction and authority of the appropriate Federal banking agency to issue any notice and proceed under this section against any such party, if such notice is served before the end of the 6-year period beginning on the date such party ceased to be such a party with respect to such bank ( whether such date occurs before, on, or after the date of the enactment of this subsection ).\n\n[ 12 USC 504 ( m ). As added by act of Aug. 9, 1989 ( 103 Stat. 461 ). ] If the CEO, CFO or indentured trustee for ONE MAIN FINANCIAL believe any points of law are incorrect they shall respond in writing refuting the points they believe are incorrect. Rebut any points that ONE MAIN FINANCIAL believes is incorrect with a detailed statement explaining why they believe the point of law is incorrect.\n\nI hereby instruct the CEO, CFO or indentured trustee for ONE MAIN FINANCIAL Send the loan applied for by the XXXX XXXX, which is in the amount of {$10000.00} as well as any other interest, titles, rights and equity to the address : XXXX XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX \n\n\n\nPlease respond in writing if these instructions can not be completed. You have five business days. If I receive nothing stating that the instructions can not be completed, I can assume and presume these instructions have been successfully performed. \n\nNotice of intent to sue was also sent on XX/XX/XXXX. \n\n\nBY : XXXX XXXX XXXX FOR : XXXX XXXX XXXX XXXXXXXX XXXX","date_sent_to_company":"2023-10-17T19:02:04.000Z","issue":"Getting a line of credit","sub_product":"Personal line of credit","zip_code":"30507","tags":null,"has_narrative":true,"complaint_id":"7711115","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2023-10-17T18:44:16.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Essentially the collateral <em>security</em> I submitted was {$10000.00} I am now being told that it is {$5600.00}. ONE MAIN FINANCIAL is <em>changing</em> the terms. I applied for {$10000.00} Federal Reserve Notes. Thus making it less than the amount of Federal Reserve notes I applied for.\n\nIn no event shall such collateral <em>security</em> be less than the amount of Federal Reserve Notes applied for."]},"sort":[7.766806,"7711115"]},{"_index":"complaint-public-v1","_id":"6564149","_score":7.523634,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"FRAUD complaint against Union Bank, XXXX XXXX XXXX, and XXXX XXXX XXXX. There are no statute of limitations on Fraud and Fraud vitiates all contracts and everything it touches from the beginning ( United States vs Throckmorton ). After sustaining a few XXXX and not being able to work anymore because of a physical XXXX, Ive been able to read and research more about mortgage fraud happening to me by Union Bank, XXXX XXXX XXXX, and XXXX XXXX XXXX. I've been trying to dispute and resolve this since last year and I have attached much of the proof but I have a lot more that I wasn't able to upload here because its a large amount but it's available upon request. I discovered there was never any actual valuable consideration given nor actual loan given. I gradually discovered all this information and that there was a lot of concealment and non-disclosure and Ive seen how fraudulently these companies operate. There are many violations these companies are committing and they are continually reporting negative inaccuracies causing damages to me and damages to my credit reports & public records causing harm and defamation of character violating 15 usc 1681g and 1681a1. They have violated many laws including but not limited to the Privacy Act of 1974, 15 U.S.C. 1681, 15 U.S.C. 1692, the FDCPA Fair Debt Collection Practices Act, the FCRA Fair Credit Reporting Act, RESPA Real Estate Procedures Act, TILA Truth in Lending Act, Regulation Z, & even the highest of laws, including the Maxims of law and Constitutional law. I first sent Union Bank an email on or about XX/XX/XXXX XXXX when the Forbearance period was ending and I got no response. I then sent a certified letter on XXXX XXXX, XXXX requesting validation of debt via certified mail number XXXX. Union Bank then responded on XXXX XXXX, XXXX, however their attempt to validate the debt did not meet the FDCPA standards. There also was shown a bifurcation/break in the chain of title and the deed did not match the promissory note making the instrument unenforceable yet they are still attempting to foreclose on my home and steal it by filing a Notice of Default in the public records violating FCRA and more. Furthermore, FDCPA codified in 15 USC 1692 stipulates that a debt collector must validate an alleged debt by affidavit, oath or deposition and cease all collection activity until proper validation is provided. Union Bank failed to cease all negative collection activity and failed to comply with accurate reporting, and further keep violating my rights and are continually reporting negative transactions to the credit bureaus and more. On XXXX XXXX, XXXX, I then sent Union Bank an XXXX XXXX XXXX notarized and titled, XXXX Notice XXXX XXXX XXXX XXXX XXXX XXXX, with about 50 averments I discovered about mortgages, fraud, unlawful and lawful contracts and more. I served Union Bank via registered mail through an Administrative Lawful Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law. Maxims of Law include but are not limited to In Commerce an Unrebutted affidavit stands as truth, and A Declaration after 30 days becomes the final judgment in commerce, and Indeed no more than an affidavit is necessary to make a prima facie case ( United States V Kis, 658 F2d, 526,536 ( 9th cir 1981 ). I sent Union Bank via Registered mail # XXXX XXXX & XXXX notarized XXXX XXXX XXXX along with an Estoppel with return signature receipt requested. I received confirmation of receipt in the mail however, there was no response to my XXXX from Union Bank. On XXXXXXXX XXXXXXXX  via registered mail # XXXX XXXX & XXXX I then gave Union Bank another chance, in honor, another 10 days to respond and yet they still did not respond to my affidavit & it went unrebutted. They failed to respond to the affidavit altogether therefore tacitly agreeing to all the statements and acquiesced by silence ( see attached ). I then served Union  Bank their final Notice of XXXX XXXX XXXX notarized with a True Bill in commerce on XX/XX/XXXXXXXX XXXX via Registered mail # XXXX XXXX & XXXX for over XXXX XXXX dollars in violations of Fraud and more ( see attached ). Silence can only be equated with Fraud when there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading ( U.S. vs Pruden & U.S. V. Twill ) Union Bank to this day has not responded to any of my affidavits of truth yet continue to criminally trespass on the issued Collateral Estoppel and violate my privacy rights and the laws stated above. On XX/XX/XXXX I responded to a letter that XXXX XXXX XXXX, an unauthorized 3rd party sent me, that I did not give my written expressed permission to yet they sent me a letter saying Union Bank obtained them as Counsel to try to collect information to collect the debt. I responded via certified mail # XXXX letting them know that by operation of Law, Union Bank has already been put on Notice of Default and Dishonor and are under Collateral Estoppel and are prohibited from any collection activity ; no one, nor third party, can further make a claim as its already Res Judicata on its dispute. Nevertheless, XXXX XXXX XXXX continued to criminally trespass on the Estoppel and that as well and sent me another package I received on XX/XX/XXXX that I realized had possibly forged and or fraudulent backdated documents on them. I would like to see the authenticity of those documents, a forensic audit requested may be in order here. Furthermore, if they barely got it transferred in their name in XX/XX/XXXXXXXX XXXX, how were they sending me and collecting on bills for years before that? A forensic and securitization audit is recommended for proof of all fraud committed. Furthermore they trespassed on the Estoppel I issued Union Bank on XX/XX/XXXXXXXX. Theres so much apparent fraud that needs to be addressed, investigated, audited and looked into here to avoid further violations of my rights, trespass and harm. Union Bank, XXXX XXXX XXXX and XXXX XXXX XXXX appeared to have conspired together ( as it can be found XXXX XXXX XXXX and XXXX XXXX XXXX share a same address on XXXX XXXX in XXXX XXXX ) They continue to criminally trespass on the issued Estoppel and continually report negative items on all of the credit reports and even public records and are continually issuing threatening foreclosure mail and statements which are in clear violation of FCRA, FDCPA and many of the laws stated above. They further fraudulently filed a Notice of Default on public record XX/XX/XXXX at the XXXX XXXX XXXX records causing me so much XXXX XXXX to me as well as my family and tenants causing harm and defamation of character. They sent out mail to 3 different addresses on XXXXXXXX XXXX XXXX violating my privacy rights and further causing harm. They furthermore keep reporting negative inaccuracies on many 3rd parties and credit reporting agencies including XXXX, XXXX, XXXX, XXXX, XXXX XXXX, XXXX XXXX and XXXX. I then further served all 3 companies via registered mail notarized to Union Bank, XXXX XXXX XXXX and XXXX XXXX XXXX on XX/XX/XXXX an XXXX XXXX XXXX and Notice to Cease and Desist via Registered mail # XXXX XXXX, XXXX, & XXXX & I also sent them a copy of my notarized rescission of signatures for Fraud dated XX/XX/XXXX and noting it goes back to anything signed from XX/XX/XXXX to present including rescission of signatures to MERS and Union Bank and any versions of their changed names or parenting or affiliated companies and or debt collectors ( see attached ) I tried to call XXXX on XX/XX/XXXX to report the Fraud as well to all 3 credit reporting agencies including XXXX and XXXX and they told me they would investigate it but the results just show that it seems verified and if there is identity theft to call the companies because they may not have a phone number to call me, but they all just continue to report inaccurate reporting causing me defamation of character, harm, emotional distress and more and violating the FCRA and the FDCPA. I have a pile of proof of all this evidence but the file was too large to upload here ( available upon request ; I can email it or mail it to you ). They are actually trying to steal my property and put it in foreclosure when they have no lawful or legal standing and the instruments are defective, fraudulent and are unenforceable according to State and Federal law. Their Fraud must be investigated and handled appropriately and their violations must stop immediately. My Constitutional Rights must be protected and furthermore I should be protected by all the laws put in place including at the Federal and State level including FCRA and FDCPA. According to UCC 9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES ( b ) [ Enforceability. ] Except as otherwise provided in subsections ( c ) through ( i ), a security interest is enforceable against the debtor and third parties with respect to the collateral only if : ( 1 ) value has been given ; ( no value has been given, no valuable consideration or loan from Union Bank, XXXX XXXX XXXX or XXXX XXXX XXXX ) Was the obligor in the mortgage or vehicle consumer credit contract given Valuable Consideration for the Note, Lien from the originator, the beneficiary of the deed of trust, the REMIC depositor or underwriter buyer ( s )? \nNo? No valuable consideration or loan was ever given and that was not disclosed to me from the beginning. Theres also apparent Securities Fraud involved that should possibly be investigated by the SEC and or the Attorney General. \nCase should be rested and closed here, no attachment under UCC 9-203 ( a ), no enforceability of the Note under UCC 203 ( b ), by any holder-in-due course or holder or non-holder of the Note, such as servicer, trustee, beneficiary of the deed of trust. \nread 'Attachment ' UCC 9-203 UCC 9-203 ( b ) enforcement of a lien against the Debtor only if Valuable Consideration has been given to your Debtor THE NEGOTIABLE INSTRUMENT NOTE BEING FORECLOSED ON HAS FORGED ALTERATION AND THEREFORE, THERE IS AUTOMATIC DISCHARGE OF ANY DEBT. \nIt appears there has been more fraud and possible forgery with the documents they recorded on XX/XX/XXXX at XXXX XXXX as it appears to be extremely and unusually backdated to XX/XX/XXXX. I would like to see an audit of that Notaries book of signatures and thumbprints and dates and get aknowledgement of verified notary. It was mailed to me on XX/XX/XXXX. They further didnt give me due process, nor 30 days to respond and they quickly filed a Notice of Default on XX/XX/XXXX fraudulently yet it is in public records for all to see and now XXXX shows pre foreclosure and Im eXXXX XXXX as I'm now getting harassed daily with constant calls, and mail and its going to all 3 different addresses defaming my character and causing much emotional stress to my family, tenants and I, causing harm. \nPer Cal. Civil Code section 1700 ( material Alteration ) & Cal Penal Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION Despite the debt being disputed and made Res Judicata by their silence and non-response and tacitally agreeing to my Affidavit of Truth on XX/XX/XXXX along with a placed Estoppel on that date to hault collection activity and reporting ( see attached ), UNION BANK XXXX XXXX XXXX XXXX AND XXXX XXXX XXXX continually criminally trespass on the Estoppel and seemed to have conspired together and acted in dishonor and bad faith without due process and Fraudulently filing. I have further rescinded all signatures, power of attorney, or beneficiary and/or trustee powers to anyone at Union Bank XXXX XXXX, any and all mortgage companies and debt collectors going back to XX/XX/XXXX and forward for Fraud and have provided them a copy as well as have attached it here ( it is dated XXXX ) Therefore, the Notice of Default filed XX/XX/XXXX by a defunct Trustee is NULL and VOID Nunc Pro Tunc as they have no authority or standing to act as a Trustee. \nI would not have signed any of those fraudulent contracts, Deed of Trust, if there was actual full disclosure and as that was sheer trickery played on me. There was no full disclosure and meeting of the minds to the contract agreement. The bank against me the alleged borrower, constructed the contract without me having all of the same information as per the rules of the contract. Therefore there has been a breach of contract. Making all contracts Null and Void. \nDue to the fact there was no meeting of the minds to the contract prior to the signing of the contract, and that the rules of the contract were deceptive in nature and was designed to benefit one party over the other i.e. to the benefit of the Bank who constructed the contract, this is FRAUD by the misrepresentation of a material fact. Through the rules that dictate contract law, and through the Statute of Frauds, there must be a meeting of the minds of the rules governing the contract or the contract is to be deemed null and void. \nFOR ALL THE ABOVE REASONS, THE attempted XXXX XXXX BY Union Bank, XXXX XXXX XXXX and XXXX XXXX XXXX IS WRONGFUL ILLEGAL, HARMFUL AND NULL AND VOID. IT MUST BE TERMINATED IMMEDIATELY AND NOTICE OF DEFAULT RESCINDED. A FULL SATISFACTION OF MORTGAGE AND RECONVEYANCE OF THE DEED MUST BE RECORDED IN XXXX XXXX XXXX WHERE THE PROPERTY IS LOCATED. \nSHOULD THEY CONTINUE WITH THE WRONGFUL AND ILLEGAL FORECLOSURE, THEY WILL BE INVOICED TRIPLE THE AMOUNT THEY ARE FORECLOSING ON IN DAMAGES. \nI WOULD LIKE TO REQUEST CFPB Consumer Financial Protection Bureau TO INVESTIGATE THE FRAUD THAT IS BEING PURPORTED ON CONSUMERS UNDER THE GUISE OF A MORTGAGE AND TAKE APPROPRIATE ACTIONS TO PROTECT THE UNINFORMED CONSUMERS. Thank you for your immediate help and investigation in this matter to protect me and others against all these violations as a federally protected consumer.","date_sent_to_company":"2023-02-14T03:44:23.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"91739","tags":"Servicemember","has_narrative":true,"complaint_id":"6564149","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"MUFG AMERICAS HOLDINGS CORPORATION","date_received":"2023-02-14T02:12:18.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["On XXXX XXXX, XXXX, I then sent Union Bank an XXXX XXXX XXXX notarized and titled, XXXX Notice XXXX XXXX XXXX XXXX XXXX XXXX, with about 50 averments I discovered about mortgages, fraud, <em>unlawful</em> and <em>lawful</em> contracts and more. I served Union Bank via registered mail through an Administrative <em>Lawful</em> Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law."]},"sort":[7.523634,"6564149"]},{"_index":"complaint-public-v1","_id":"10648310","_score":6.8321896,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX, a registered business entity self-represented litigant, represented by XXXX, XXXX, XXXX for XXXX, XXXX Active and In Good Standing pursuant through Court Compliance Certificate # XXXX not appearing generally but exclusively by Special Visitation, before this court seeking a remedy in Equity as is provided by The Saving to the Suitors Clause at XXXX XXXX XXXX ( XXXX ) I am standing in my unlimited commercial liability as a Secured Party and XXXX that the Third-Party Plaintiffs do the same and waive all of their immunities. I respectfully request the indulgence of this court as I am not schooled in law. This is provided by the precedent set by XXXX vs. XXXX at XXXX XXXX XXXX. \nDEFENDANT, XXXX XXXX represented by XXXX, XXXX moves the honorable court to Vacate Order for Default Judgment entered XX/XX/XXXX, pursuant to Illinois Compiled Statutes XXXX ILCS XXXX Code of Civil Procedure. Section XXXX, seeking post-judgement relief under section XXXX of the XXXX that provides for relief from final orders and judgments after 30 days from the entry within 2 years, thereof, XXXX XXXX. Relief from a Judgment or Order ( b ) ( XXXX ) ( XXXX ) and Section XXXX XXXX ( a ) ( XXXX ) that the asserted claim for foreclosure is unenforceable under the provisions of the Statute of Fraud that has no limitation, as detailed in the doctrine of law and Title XXXX XXXX XXXX. False claims ( a ) LIABILITY FOR CERTAIN ACTS. ( XXXX ) IN GENERAL - Subject to paragraph ( XXXX ), any person who ( A ) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval ; ( B ) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent ; DEFENDANT, XXXX XXXX represented by XXXX, XXXX claims all his inherent, unlimited, unalienable Constitutionally secured rights, now gives Notice to this Honorable Court, as follows : XXXX. DEFENDANT, XXXX XXXX represented by XXXX, XXXX XXXX pursuant to Rule XXXX Relief from a Judgment or Order ( b ) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court XXXX relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons : ( XXXX ) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule XXXX ( b ) ; ( XXXX ) fraud both intrinsic motivation from the internal desire of greed to accomplish the goal of unlawful conversion, and extrinsic motivation from external opportunity of unjust enrichment using deceitful misrepresentation, or misconduct and lack of standing by opposing party Plaintiff TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX and PRINCIPAL, THE XXXX LAW FIRM XXXX, and XXXX XXXX. \nBACKGROUND XXXX. Representative XXXX, XXXX and XXXX, XXXX for XXXX Defendants XXXX XXXX AND XXXX XXXX have resided at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX. They are the legitimate owner grantees on the deed dated XX/XX/XXXX recorded XX/XX/XXXX as document # XXXX with the XXXX XXXX XXXX XXXX XXXX XXXX transferring ownership title from XXXX XXXX and XXXX XXXX to Defendants. \nXXXX. XXXX XXXX Bank was the original lending financial institution that originated the Home Equity Line of Credit ( HELOC ) for {$19000.00} pursuant to closing documents on XX/XX/XXXX. The HELOC went into XXXX XXXX because there was never any follow up from XXXX XXXX Bank after the closing from the financial institution. \nXXXX. On XX/XX/XXXX, an Assignment of Mortgage document was recorded with the XXXX XXXX XXXX XXXX XXXX XXXX showing XXXX XXXX XXXX XXXX XXXX, successor by merger to XXXX XXXX Bank as XXXX and XXXX XXXX XXXX XXXX as assignee of the XXXX XXXX XXXX but never notified the property owners about the new assignment as required by the Truth in Lending Act. Under the Truth in Lending Act, companies must inform borrowers when their mortgage is sold to another company. \nXXXX. On XX/XX/XXXX, a Corporate Assignment of Mortgage was executed showing XXXX XXXX XXXX XXXX as XXXX and TRINITY FINANCIAL SERVICES , LLC as XXXX and was recorded in the XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, as document # XXXX, but Plaintiff TRINITY FINANCIAL SERVICES , LLC never sent a verifiable RESPA Letter of Introduction with proof of receipt by XXXX XXXX or any type of notice to Defendants that this assignment had occurred with servicing functions like introduction, notices, billing statements or account related updates breaching an assignees fiduciary duties pursuant to the Truth in Lending Act. \nXXXX. Then XXXX XXXX claims a RESPA Goodbye Letter sent from XXXX XXXX XXXX XXXX dated XX/XX/XXXX, states that XXXX XXXX XXXX XXXX will no longer be servicing the loan, but it never was a servicer because there is no recorded assignment connecting XXXX to the XXXX property. Neither XXXX XXXX XXXX or XXXX XXXX XXXX of XXXX XXXX XXXX XXXX or any other employee signed the letter sent saying Goodbye, and what verification can Plaintiff TFS provide to prove the letter was actually sent from XXXX XXXX XXXX XXXX to and received by XXXX XXXX? \nXXXX. On XX/XX/XXXX, Defendants received a letter from XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX conveying the following message in part : Dear Borrower ( XXXX ) : This office has been retained by Trinity Financial Services , LLC, the servicer of the above-referenced mortgage loan, to provide you with formal Notice that you are in default under the terms and conditions of the Mortgage and Note, for failure to pay the required installments or payments due beginning on XX/XX/XXXX, and thereafter. We are also required by federal law to notify you that XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX is deemed to be a debt collector, and any information obtained will be used for that purpose. \nThe past-due amount, including late charges or other fees, is {$13000.00}. To cure the default you must pay the past-due amount within 30 days of the date of this Notice by mailing an official bank check in the form of certified funds, cashiers check or money order to Trinity Financial Services , LLC at XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Florida XXXX. \nXXXX. Plaintiff XXXX XXXX XXXX, LLCs XXXX XXXX letter, came out of nowhere, paid NO Consideration, but demanded payment of a XXXX zombie debt, totally ignoring the UCC Contract Law governing XXXX XXXX ILCS XXXX Statute of Limitations XXXX expiration on all written contracts including the XXXX HELOC where Consideration is the main element of a contract. Without consideration by both parties, a contract can not be enforceable. XXXX never created a debt collector contractual agreement with the DEFENDANTS, and therefore did not possess any enforceable right to foreclose. \nXXXX. On XX/XX/XXXX, foreclosure case # XXXX XXXX XXXX was filed by Trinity Financial Services , LLC against XXXX XXXX, XXXX XXXX, XXXX XXXX to XXXX XXXX Bank, Illinois XXXX XXXX XXXX XXXX, Unknown Owners and Non-Record Claimants. \nXXXX. The XXXX of Foreclosure was entered on XX/XX/XXXX. \nXXXX. The Counterclaim Foreclosure case XXXX XXXX XXXX filed by XXXX XXXX, XXXX XXXX against TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT, THE XXXX LAW FIRM LLC # XXXX, XXXX XXXX, XXXX # XXXX, THE JUDICIAL SALES CORPORATION, XXXX XXXX, XXXX AND XXXX XXXX XXXX AND XXXX XXXX XXXX, SENIOR VICE PRESIDENT, XXXX MORTGAGE RESOLUTION XXXX XXXX, OWNER AND XXXX XXXX, CO-FOUNDER & MANAGING XXXX, UNKNOWN OWNERS was initially filed on XX/XX/XXXX XXXX. The Report of Sale and Distribution was entered on XX/XX/XXXX. \nXXXX. The Mortgage Foreclosure Disposed / Sheriffs Sale Approved was entered on XX/XX/XXXX XXXX. On XX/XX/XXXX, Intervenor registered complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ) and the Illinois Attorney General in an effort to launch investigations into the foreclosure Ponzi scheme tactics used involving his property to validates Intervenors claim of injustice and the wrongdoing he and his family has suffered. \nXXXX. On XX/XX/XXXX, a Notice of Intent to File Forcible Entry and XXXX was given to XXXX of my family members as she entered the property listing XXXX DENSMORE AVE. XXXX, XXXX as the owner of the property pursuant to foreclosure and further stating XXXX DENSMORE AVE. XXXX, XXXX or its XXXX or TRINITY FINANCIAL SERVICES , LLC ( TFS ) is hereby notifying you pursuant to DEFENDANT HAS A XXXX CLAIM XXXX. Plaintiff TFSs owner XXXX XXXX is a junk debt buyer of portfolios of cheap second mortgage assets that he claims to be the legal holder of an uncollectable statute of limitation expired indebtedness of properties with dormant low dollar amounts that he inflates, hoping to make a killing. The conspiracy of Plaintiff TFSs owner XXXX XXXX, XXXX, XXXX, XXXX, XXXX XXXX XXXX, PLLCs XXXX XXXX and The XXXX Law Firm XXXX, XXXX XXXX, law firms with low standards of professionalism, include the unlawful and illegal tactics of submitting counterfeit notes as evidence, recording fraudulent assignments with notarized signatures of robo-signers, unjust enrichment through the inflation of the original HELOC amount of {$19000.00} to {$33000.00} from a purchased debt bought as far back as XXXX that Plaintiff TFS probably held for 6 years to create the indebtedness claim and the infliction of stress as homeowners scramble to figure out how to handle this claim from a zombie debt that was long forgotten and they thought was dead. \nXXXX. Then XXXX XXXX submits a report that is labeled as a \" XXXX XXXX '' from the XXXX companies working for the investment banks that process that data. The report is pure hearsay that is not admissible in court but because homeowners and lawyers fail to test the report, they fail to reveal the fact that XXXX XXXX, the \" servicer '' never was party to any transaction that was then enter as data on its own bank accounts, accounting ledgers and books of record. That is why XXXX XXXX never provided any servicing functions, there was never any accounting ledgers kept creating a monthly record that would be reported to the Defendants. None of that happened. And all claims regarding the existence of the loan account receivable ( LAR ), and authority to enforce, administer to collect money for the XXXX are false. That is not an opinion. It is a fact under current law that nobody can legally collect on a debt that does not exist -- - even if the named debtor believes the false claim that the XXXX exists. \nXXXX. XXXX in XXXX by the conspirators was committed with the filing of XXXX case XXXX CH XXXX concealing the aforementioned nefarious tactics and other deceitful practices that the court XXXX signs off on and therefore enjoins the conspiracy. \nXXXX. The fraudulent assignments prepared by XXXX XXXX document service company and robo signed by XXXX of their employees are then recorded in XXXX XXXX recorders offices making the assignments a public record to validate a false claim of transferor/transferee to basically steal unsuspecting homeowners property. Plaintiff TFS has not provided proof of claim to be the holder in due course other than a counterfeit note and XXXX fraudulent assignments. Defendants believe the Plaintiffs DO NOT have lawful Proof of Claim and there is no evidence to the contrary. This is XXXX in commerce, Theft, XXXX, XXXX, and XXXX. \nFRAUD IN CONCEALMENT XXXX. The documents provided in Plaintiff TFSs response that immediately raised a red flag from their rebuttal response to CFPB claim by Representative XXXX, XXXX and XXXX, XXXX XXXX Defendants XXXX XXXX AND XXXX XXXX XXXX as XXXX XXXX The Date And Signers Of The Mortgage And The Note : XXXX. The XXXX XXXX Bank Mortgage clearly shows it was signed by both myself, XXXX XXXX, and my wife, XXXX XXXX, on XX/XX/XXXX, but that is not what happened. My wife XXXX was at her place of employment and not present when I went to the XXXX XXXX Bank on XX/XX/XXXX, to sign the closing documents. My signature was the only signature on the Mortgage XXXX that the notary witnessed me signing and notarized after I signed. \nXXXX. The next document TFS references as the Note is a generic looking document. It has XXXX XXXX XXXX XXXX XXXX XXXX at the top and is dated XX/XX/XXXX, the same date as the Mortgage, but there is no account number and our names ( XXXX & XXXX XXXX ) are not inserted within the first page, nor the body of the XXXX document that contains terms and conditions similar to a Mortgage for different states that dont include Illinois. The suspicious part is, it was pre-drafted with my wife, XXXX XXXX, name and is signed by my wife XXXX XXXX only but not by me, XXXX. I am on the mortgage and was present on the XX/XX/XXXX, date. \nXXXX. This proves that the note was not signed on the same date as the Mortgage XXXX. XXXX XXXX an agent from XXXX XXXX Bank came to her place of employment approximately 2 days after XX/XX/XXXX and had her sign the note and then back date her signature on the Mortgage Contract to the XXXX with no notary present. This is in violation of XXXX XXXX Code XXXX - Penalties for document fraud and is the reason the Consumer Financial Protection Bureau launch lawsuit XXXX. XXXX XXXX XXXX against XXXX Bank successor to XXXX XXXX. \nXXXX. The other red flag is it was endorsed by XXXX XXXX, Vice President of XXXX XXXX XXXX XXXX XXXX with a Pay To The Order of to XXXX Mortgage Resolution on the XX/XX/XXXX date, but XXXX Bank, NA did not merge with XXXX XXXX Bank until XX/XX/XXXX, plus when a Pay To The Order Of. is applied to a financial document the obligator, XXXX XXXX, my wife is being released of that obligation. There is no other date within the XXXX document to reference when the transaction occurred and no-account number attaching to the mortgage account. \nThe XXXX XXXX XXXX XXXX Assignment : XXXX. The XXXX XXXX XXXX XXXX Assignment is a very questionable document because it was prepared by, requested to be recorded by and executed by XXXX XXXX XXXX, Vice President of XXXX Bank and returned to XXXX XXXX, XXXX Mortgage, a division of XXXX Bank, all in-house. Why was XXXX XXXX XXXX XXXX XXXX XXXX, Owner and XXXX XXXX, Co-Founder & Managing XXXX left out of the loop? Did XXXX XXXX XXXX XXXX really participants in the transaction since we never received any notices, acknowledgements or statements from XXXX XXXX XXXX XXXX after the executed assignment on XX/XX/XXXX, and recorded document # XXXX on XX/XX/XXXX, with the XXXX XXXX XXXX of Deeds. \nXXXX. XXXX Bank XXXX XXXX officers XXXX XXXX, Vice President and XXXX XXXX XXXX, XXXX XXXX both need to be contacted to request notarized statements on their participation in this transaction and specifically why a closing for the buying and selling of this account did not include XXXX since it is our property. \nXXXX XXXX Fraudulent Assignments XXXX. The property listed has unlawfully, illegally and immorally been stolen by false designation assignments of Trinity Financial Services , LLC ( TFS ) recorded within the XXXX XXXX Recorder of Deeds Uniform Instrument Recording System, TFS purposely recording fraudulent assignments prepared by XXXX XXXX XXXX XXXX and Robo signed by XXXX XXXX who list herself as Assistant Vice President of Trinity Financial Services , LLC XXXX, Assistant Vice President of XXXX XXXX XXXX XXXX XXXX and Assistant Vice President of XXXX XXXX XXXX an unrelated assignment, when she is actually a seven-year employee of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MO XXXX XXXX \nXXXX. Trinity Financial Services , LLC is in total violation of XXXX XXXX XXXX XXXX - Penalties for document fraud. ( a ) Activities prohibited : It is unlawful for any person or entity knowingly ( XXXX ) to forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter or to obtain a benefit under this chapter, ( XXXX ) to use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this chapter or to obtain a benefit under this chapter, XXXX. The concealed fraud of the assignments being imposed upon Defendants that effectually steals the equitable side of the XXXX XXXX along with all assets and properties into the private side of falsifying legal documents, forced to serve pleasures and profits of attorneys and the business of banking. The XXXX XXXX XXXX of Deeds assignments : Doc # : XXXX and Doc # : XXXX prepared by XXXX XXXX XXXX XXXX and Robo signed by XXXX XXXX are fraudulent and therefore non-compliance, yet it is being used as compliance in foreclosure case # XXXX XXXX XXXX, thereby attorneys XXXX XXXX, XXXX # XXXX representing Plaintiff TFS and XXXX XXXX XXXX representing XXXX XXXX XXXX XXXX, XXXX in XXXX XXXX XXXX are complicit in committing fraud upon the court. \nXXXX. The concealment of sophisticated trade processes and procedures hidden behind false assignments and representations of ordinary course are deceptive trade practices of the XXXX XXXX XXXX and violation of equal protection, due process and XXXX XXXX Rights. The XXXX A filing on the Public Record is to give notice that the legitimate owners that created the security as the Secured Party ( ties ) Have Not Abandoned And Will Not Abandon Assets And Properties where Deceptive Trade Practices have been weaponized by con men like XXXX XXXX. \nUNJUST ENRICHMENT Consumer Financial Protection Bureau XXXX United States XXXX XXXX XXXX Bank XXXX. The concealed fraud also includes no disclosure of the XX/XX/XXXX, court entered consent order in the Consumer Financial Protection Bureau XXXX United States XXXX XXXX XXXX Bank ( XXXX. XXXX XXXX XXXX ), an Equal Credit Opportunity Act and Fair Housing Act case that resulted from a joint investigation by the Division and the CFPB for loans originated from XXXX to XXXX. XXXX Bank is the successor in interest to XXXX XXXX Bank. The complaint filed on XX/XX/XXXX, alleged a pattern or practice of discrimination on the basis of race and national origin in residential mortgage lending. The consent order requires XXXX Bank to pay {$35.00} XXXX to African-American and XXXX victims of XXXX XXXX Bank XXXX XXXX conduct. \nXXXX XXXX Code XXXX - RELIEF AVAILABLE XXXX. The XXXX empowers the XXXX to XXXX any appropriate legal or equitable relief including, without limitation, a permanent or temporary injunction, rescission or reformation of contracts, the refund of moneys paid, restitution, disgorgement or compensation for unjust enrichment, monetary relief, and civil money penalties, to prevent and remedy any violation of any provision of law enforced by the XXXX. XXXX XXXX. XXXX. \n( XXXX ) Relief under this section XXXX include, without limitation ( A ) rescission or reformation of contracts ; ( B ) refund of moneys or return of real property ; ( C ) restitution ; ( D ) disgorgement or compensation for unjust enrichment ; ( XXXX ) payment of damages or other monetary relief ; ( F ) public notification regarding the violation, including the costs of notification ; ( G ) limits on the activities or functions of the person ; and ( H ) civil money penalties, as set forth more fully in subsection ( c ). \nLACK OF STANDING TO FORECLOSE XXXX. XXXX XXXX XXXX Bank XXXX XXXX XXXX no consideration and having shown no intention to be a party to the contract by signing it, neither the mortgage lender nor any third party like XXXX who purchased the mortgage at a later date has any standing to enforce the terms of the mortgage. Therefore, the so-called mortgage contract fails for lack of consideration and is void XXXX. Codified under rule XXXX of the XXXX rules of evidence and clarifies who is and is not competent to testify. Attorney XXXX XXXX of THE XXXX LAW FIRM XXXX is incompetent to testify on behalf of Plaintiff TRINITY FINANCIAL SERVICES , LLC, a lifeless business entity because all Attorney XXXX can offer is hearsay testimony. All corporations are decedents because they are not real. Under Article XXXX, Section XXXX, of the United States XXXX states standing is a threshold issue, and the court judge XXXX is supposed to address that after the subject matter jurisdiction is challenged, because none of these servicing companies foreclosing on loans have standing to come into court and foreclose on any loan, because they do not own the loans. The borrower is the one who owns the security and has all the rights pertaining to the contract because the borrowers signature is the only signature on the document. \nXXXX. XXXX XXXX, Principal of Plaintiff TRINITY FINANCIAL SERVICES , LLC is a representative of the lifeless business entity and therefore not qualified to give firsthand knowledge on behalf of Plaintiff TRINITY FINANCIAL SERVICES , LLC. A perfect example that disqualifies him is The Affidavit of Amounts Due and Owing that carries a notarized signature by Defendant XXXX XXXX filed in case XXXX CH XXXX states, Lender acquired the servicing rights for the Defendants loan effective on XX/XX/XXXX from XXXX XXXX XXXX XXXX XXXX XXXX At the time of this transfer, the Defendants loan was in default. This notarized affidavit statement is contradictory to the fraudulent XXXX XXXX XXXX of Deeds document # XXXX filed XX/XX/XXXX showing the Assignor as XXXX XXXX XXXX XXXX, not XXXX XXXX XXXX XXXX XXXX XXXX and XXXX TRINITY FINANCIAL SERVICES , LLC executed on XX/XX/XXXX, not XX/XX/XXXX. \nXXXX. THE XXXX LAW FIRM XXXX and XXXX XXXX are perpetrating fraud on Defendants by clearly representing Plaintiff TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVE as the owner-in-due-course rather than the servicer for the owner pursuant to the finding in XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX the XXXX of XXXX XXXX mortgages as merely a servicer, when it had no legal ground for such an action. Plaintiff TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVE are servicers and therefore proof of legal standing for foreclosure needs to be proven by THE XXXX LAW FIRM XXXX and XXXX XXXX and without valid proof the foreclosure case should be dismissed, and the sheriffs deed should be quieted. I believe TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX DO NOT have lawful Proof of Claim and there is no evidence to the contrary. This is XXXX in commerce, Theft, XXXX, XXXX, and XXXX. \nXXXX. Not only does Attorney XXXX XXXX and THE XXXX LAW FIRM XXXX lack standing to foreclose on the subject property because XXXX XXXX does not own the loan, they held absolutely no authority to order the judicial sale of XXXX XXXX XXXX XXXX, despite the Judgement that Defendants never received, by Co-Conspirators XXXX XXXX, XXXX AND XXXX XXXX XXXX and XXXX XXXX XXXX, SENIOR VICE PRESIDENT of THE JUDICIAL SALES CORPORATION their agents scheduled on XX/XX/XXXX at XXXX a.m. Defendants are personally liable for the theft of Defendants property. \nXXXX. Defendants have stated in the opening paragraph, they are before this court by special appearance, without waiving any rights, defenses, statutory or procedural at the top of this pleading, to avoid waving jurisdiction. \nINFLICTION OF STRESS XXXX. XXXX and XXXX XXXX owed a duty to use reasonable care in their conduct regarding the health, safety, and rights of building inhabitants. It was foreseeable and probable that me and my family would suffer harm and/or severe emotional distress from XXXX and XXXX XXXX acts, omission, and unlawful misconduct. XXXX and XXXX XXXX owed a duty to this foreseeable family to not cause them harm and/or emotional distress, injuries of which should have been foreseeable. Defendants acted intentionally and/or recklessly with utter disregard for the resultant trauma and/or other harm that could or was to befall and/or was suffered by me and my family. XXXX and XXXX XXXX acts, omissions, and unlawful misconduct were done with reckless disregard to the safety and wellbeing of me and my family. \nXXXX. This conduct was atrocious and transcended all bounds of decency, such that this conduct would be utterly intolerable in a civilized society Plaintiff and Third-Party Co-Conspirators acted individually and collectively, and intentionally and/or recklessly in employing, affiliating, and/or encouraging and promoting Plaintiff XXXX XXXX SERVICES and other Third-Party XXXX XXXX At all relevant times, Plaintiff and Third-Party Co-Conspirators, TRINITY FINANCIAL SERVICES , LLC XXXX XXXX XXXX XXXX XXXX THE XXXX LAW FIRM XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX VICE PRESIDENT of THE JUDICIAL SALES XXXX and XXXX herein Co-Conspirators were acting in the course and scope of their employ and/or in furtherance of a common purpose, whether actual or apparent, with Third-Party Co-Conspirators, to protect Plaintiff TRINITY FINANCIAL SERVICES, other herein XXXX XXXX XXXX and the XXXX XXXX SERVICES retail brand. My family has a lawful right to the home that has been in my family close to 18 years and we have a right to the remedy of being left alone. \nXXXX of XXXX : XXXX by XXXX does not change ownership XXXX. This means the original conveyance showing XXXX XXXX represented by XXXX, XXXX as XXXX is still the owner because the property was never conveyed from XXXX XXXX and his wifes ownership. XXXX XXXX and XXXX XXXX, the original owners, remain the owners of the property since ownership can not be conveyed using a counterfeit note on a charged off dead debt, recording fraudulent assignments with notarized signatures of a robo signer by a greedy junk debt buyer XXXX XXXX, Principal of Plaintiff TRINITY FINANCIAL SERVICES , LLC. \nXXXX. XXXX XXXX and XXXX XXXX are still the owners of the subject property, received no consideration and therefore have no obligation to Plaintiff, TRINITY FINANCIAL SERVICES , LLC, or XXXX XXXX XXXX, or THE XXXX LAW FIRM XXXX, or XXXX XXXX. \nJUDICIAL NOTICE XXXX. DEFENDANT XXXX XXXX represented by XXXX, XXXX instructs the Clerk of the XXXX XXXX XXXX XXXX XXXX XXXX to notate the case record of the appointment of XXXX Judge as Trustee to clear up the issue of Fraudulent Conveyance and the issue of Lack of Standing that are glaring constitutional violations. \nXXXX. The XXXX XXXX is no longer vacant because, as XXXX, I am appointing myself as the executor of the estate. I am claiming the office of the special occupant of the legal estate. And I am making you the trustee by the XXXX of XXXX XXXX of XXXX. And as Executor I, XXXX, XXXX, as representative for the Defendant appoints the XXXX Judge as trustee in a limited capacity to inform opposing Attorney XXXX to stand down, vacate the judgment and dismiss the case with prejudice. \nPursuant to Title XXXX XXXX Code XXXX - Penalties for document fraud ( C ) Issuance of orders : If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has violated subsection ( a ), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph ( XXXX ). \n( XXXX ) Cease and desist order with civil money penalty - With respect to a violation of subsection ( a ), the order under this subsection shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of ( B ) in the case of a person or entity previously subject to an order under this paragraph, not less than {$2000.00} and not more than {$5000.00} for each document that is the subject of a violation under subsection ( a ). This includes the TFS lawsuit filed XX/XX/XXXX, the use of XXXX XXXX XXXX Bank Mortgage XXXX and Note dated XX/XX/XXXX, the fraudulent {$33000.00} Due and Owing Affidavit, both XXXX Mortgage Resolution, XXXX and TFS assignments and the XXXX DENSMORE AVE. XXXX, XXXX illegal sales deed that needs to be quieted. \nXXXX. Since XXXX, XXXX, as representative for the DEFENDANT is Executor and knows the Performance Bond being used to fund this proceeding is in XXXX XXXX & XXXX XXXX, and therefore subrogation of the case contract needs to be corrected to reflect the removal of The XXXX Law Firm and XXXX XXXX as beneficiaries merging the public and the private sides of the record, XXXX the quieting of the XXXX DENSMORE AVE. XXXX, XXXX illegal conveyance to XXXX XXXX XXXX XXXX and dismissal of this case with prejudice. \nXXXX. The XXXX XXXX being the highest office represented in this notice, has pointed out the mistake the court has made and is offering the chance to correct the record and the appointed XXXX XXXX first task is to immediately dismiss this case with prejudice, and that all damages will be prepared and submitted in a fee schedule statement for all the damages incurred from this gross XXXX of justice. The Rights of XXXX under XXXX XXXX XXXX XXXX provides that restitution and reimbursement is granted to me as a remedial right to which an aggrieved party is entitled from this tribunal, because I am the owner, heir and beneficiary of the estate. \nXXXX XXXX XXXX non XXXX, No one can give that which he does not have I affirm that the foregoing is fact-based true and correct, and I have not perjured myself with this drafted Section XXXX Petition To Vacate Judgment entered XX/XX/XXXX in support of separately filed Witness Testimony In The Form Of An Affidavit Of Truth ( see XXXX XXXX. 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