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Date Received Timely Response Product Issue State / Zip Submitted Via Tags
09/23/2019 Yes
  • Mortgage
  • Other type of mortgage
  • Closing on a mortgage
  • NY
  • 14228
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Can not get a clear title Property because NationStar Mr.Cooper placed a False Proof of Claim in the Case>! XXXX XXXX XXXX, appearing pro se, as and for his OBJECTION to the Motion for relief filed by disinterested person Nationstar Mortgage, LLC d/b/a Mr. Cooper ( " Mr. Cooper '' ), dated XX/XX/XXXX and found at ECF Docket No. XXXX ( the " Motion '' ) respectfully submits the following Objections to this honorable court for its consideration : 1. Movant Mr. Cooper claims, falsely, that they are a secured creditor. However, 11 USC 101 ( 10 ) defines the term " creditor '' to mean : ( A ) entity that has a claim against a debtor that arose at the time of or before the order for relief concerning the debtor ; or, ( B ) entity that has a claim against the estate of a kind specified in section 348 ( d ), 502 ( f ), 502 ( g ), 502 ( h ), 502 ( i ), ; or, ( C ) entity that has a community claim. Furthermore, 11 USC 101 ( 14 define the tern " disinterested person '' to mean : ( A ) is not a creditor, an equity security holder, or an insider ; ( b ), is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor ; and, ( C ) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason. Debtor OBJECTS to the claim that Mr. Cooper is a creditor at all and OBJECTS further that he is secured, since no valid original Note or other security instrument exists between this debtor and Mr. Cooper or any other party. 2. DISINTERESTED PERSON MR. COOPER 's FAILURE TO COMPLY WITH FRBP RULE 3001 : FRBP Rule 3001 requires Mr. Cooper to file a Proof of Claim, and the required supporting documentation which is subject to review and scrutiny of this court and the debtor, in order to be deemed a party in interest or creditor in this case. ( SEE : In re : XXXX, No. XXXX ( XXXX ) XXXX XXXX. XXXX XXXX ( Bankr. XXXX. XXXX ) ). FRBP Rule 3001 in relevant parts to the Motion and this Objection provides that : " A Proof of Claim is a written statement setting forth a creditor 's claim. A Proof of Claim shall conform substantially to the appropriate Official Form. ( FRBP Rule 3001 ( a ) ). A Proof of Claim shall be executed by the CREDITOR or the creditor 's authorized agent except as provided in Rules 3004 and 3005. ( FRBP Rule 3001 ( b ) ). Regarding a claim in writing, as disinterested person Mr. Cooper has alleged here in the Motion despite, Mr. Cooper 's failure to file a proof of Claim, except for a Proof of Claim governed by paragraph ( 3 ) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing ( as alleged by the disinterested arty here ), shall be filed with the Proof of Claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim. ( FRBP Rule 3001 ( c ) ( 1 ) ). However, no statement of circumstances was submitted here by disinterested person Mr. Cooper, only a statement of an unqualified person alleging the loss occurred without explanation on a self-styled and fraudulently contrived loss affidavit, which violates Rule 3001 ( c ) ( 1 ). In an individual debtor case, as here, FRBP Rule 3001 authorizes sanctions against disinterested persons such as Mr. Cooper, and their counsel Mr. XXXX, for failure to comply with the rule. If, in addition to its principal amount. a claim includes interest, fees, expenses or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( A ) ). Mr. Cooper never filed the Proof of Claim including these schedules, as required under the Rule, in violation of FRBP Rule 3001 ( c ) ( 2 ) ( A ). therefore, the Motion itself is not properly before this court, as is necessary to have the motion 's merits considered. If a security interest is claimed in the debtor 's property, a statement of the amount necessary to cure any default as of the date of the petition shall be filed with the proof of claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( B ) ). Yet none of these requirements were met by Mr. Cooper either. In fact, of all of the documents submitted with the motion by Mr. Cooper, none of them suffice, meet or supersede the requirements set forth in Rule 3001. The debtor OBJECTS to the validity of the Motion as a valid motion before the court on these grounds. If a security interest in claimed in property that is the debtor 's principal residence, as disinterested person Mr. Cooper has done here, the attachment prescribed by the appropriate Official Form shall be filed with a Proof of Claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and, in the form, consistent applicable nonbankrupt law shall be filed with the attachment to the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( C ) ). Lacking the filing of ANY Proof of Claim, debtor OBJECTS to all of Mr. Coopers claims in his Motion and hereby shows that Mr. Cooper lacks standing to : pursue any relief through these proceedings or through the motion, seek the removal of the stay under 11 USC 362 ( d ) ( 1 ) or ( 4 ), and Mr. Cooper can not have the merits determined upon his motion for failure to adequately satisfy the requirements of Rule 3001. If the holder of a claim fails to provide any information required under Rule 3001, the court may, after notice and hearing, take either or both of the following action : ( 1 ) preclude the holder from presenting omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) ), or award other appropriate relief, including reasonable expenses and attorney 's fees caused by the failure. ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( ii ) ). Debtor OBJECTS to disinterested person Mr. Cooper 's failure to follow the Federal Rules of Bankruptcy Procedure in this case and avers that MR. Cooper is not a party in interest to this case. As, such Debtor hereby implores the court invoke the maximum sanctions allowed as set forth in FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ). Debtor intends to seek sanctions against Mr. Cooper pursuant to FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ) in a separate Motion. However, herein debtor OBJECTS to disinterested person Mr. Cooper 's Motion based upon the foregoing. If a security interest in a property of the debtor is claimed, as disinterested person Mr. Cooper does in the Motion, the Proof of Claim must be accompanied by evidence that the security interest is perfected. ( FRBP Rule 3001 ( d ) ). Of course, since Mr. Cooper failed to comply with this section of Rule 3001 by failing to even file a Proof of Claim, the Motion is improperly before the court. Debtor OBJECTS to the validity of the motion, and to the motion being determined upon its merits based upon this failure by disinterested party Mr. Cooper to provide any valid authentication of perfection of a security instrument under that name which established any debtor/creditor relationship between the parties here. No creditor/ Debtor relationship exists between XXXX XXXX and disinterested person Mr. Cooper . 3. Having failed to comply with ANY of the requirements set forth under FRBP Rule 3001 in this instance, and pursuant to definition under 11 USC 101 ( 14 ), Mr. Cooper is a disinterested party in this case lacking standing to file the instant Motion. Debtor therefore OBJECTS to the claim by Mr. Cooper to be a party of interest in these proceedings. 4. Mr. Cooper is not, and can not be deemed to be, a " secured creditor '' as claimed in the Motion pursuant to Rule 3001 or 11 USC 101 ( 10 ) or ( 14 ). ( FRBP Rule 3001 ; 11 USC 101 ( 10 ) and ( 14 ) ). Debtor OBJECTS to the claim that Mr. Cooper is a secured creditor based upon these facts. 5. Mr. Cooper 's Motion seeks relief pursuant to 11 USC 362 ( d ) ( 1 ) and 11 USC 362 ( d ) ( 4 ). According to the statute : " On request of a PARTY IN INTEREST and after notice and a hearing, the court shall grant relief from the stay provided under subsection ( a ) of this section, such as by terminating, annulling, modifying or conditioning such stay : ( 1 ) for cause, including the lack of adequate protection of an interest in property of such party in interest. " ( 11 USC 362 ( d ) ( 1 ) ). Also, " with respect to a stay of an act against real property, under subsection ( a ), by a CREDITOR whose claim is secured by an interest in real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either ( A ) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval ; or ( B ) multiple bankruptcy filings affecting such real property. '' ( 11 USC 362 ( d ) ( 4 ) ). However, disinterested party Mr. Cooper has failed to meet the requirements of filing or perfecting a Proof of Claim or security instrument and has failed to qualify as a PARTY IN INTEREST. Therefore, Mr. Cooper can not possibly be deemed to be having made a " request of a party of interest '' under the predicate requirement in 11 USC 362 ( d ) ( 1 ). By not satisfying the predicate element of being a " party in interest '' to file the Motion in the first place, and specifically, in lack of the existence of any Proof of Claim filed under Rule 3001, Mr. Cooper 's Motion CAN NOT be considered pursuant to section 362 ( d ) because Mr. Cooper does not satisfy the predicate requirement of being a " party in interest '' set forth in the statute to file the Motion as defined under 11 USC 101. Likewise, Mr. Cooper can not be deemed to be a Creditor at all since no creditor/Debtor relationship exists between his debtor and Mr. Cooper, and Mr. Cooper has failed to provide one single piece of evidence showing a creditor/debtor relationship exists between the parties involved. This negates Mr. Cooper 's ability to file as " creditor '', which is the predicate requirement under 11 USC 362 ( 4 ) necessary to seek relief. Based upon the foregoing, Debtor Objects to the Motion under section 362 ( d ) ( 1 ) and ( 4 ) because it seeks relief which can not be granted because the Movant fails to meet the requirements to be deemed a " party in interest '' or a " creditor '' as defined under Title 11. Therefore, disinterested person Mr. Cooper does not satisfy the predicate element requirements under 362, in any way, which would allow Mr. Cooper to file the motion in the first place. 6. In light of Mr. Cooper 's complete failure to provide a Proof of Claim under Rule 3001, the Motion again seeks relief which can not be granted under the statute and must be denied. Based upon the foregoing debtor OBJECTs to the Motion in its entirety. 7. Since MR. Cooper is indeed is NOT a Creditor, as defined under 11 USC 101 ( 10 ), his claim to be creditor is false. Debtor OBJECTS to Mr. Coopers false and misrepresentative characterization of itself as a creditor, made for the purposes of fraud upon the court and to defraud this debtor. 8. Mr. Cooper is indeed a disinterested person, as defined under 11 USC 101 ( 14 ), and as such seeks relief which can not be granted under section 362, because section 362 requires that the motion for relief must be filed by a " party in interest '' as defined under 11 USC 101. ( 11 USC 362 ( d ) ( 1 ) and ( 4 ) and, also : 11 USC ss 101 ( 10 ) ( 14 ) ). Debtor OBJECTS to the filing of the Motion by a disinterested person which was filed for the fraudulent purposes of obtaining debtor 's property when no debtor/creditor relationship exists. 9. Because Rule 3001 requires that a Proof of Claim be filed " in proper form and context '', and MR. Cooper failed to file one, the Motion must be denied pursuant to Rule 3001 ( a ). Debtor Objects to the motion based upon this deficiency. ( FRBP Rule 3001 ( a ) ). 10. Because Rule 3001 ( b ) requires that a Proof of Claim MUST BE EXECUTED BY THE CREDITOR or the CREDITOR 's agent, and Mr. Cooper has failed to do so, and the Motion must be denied. 11. Because Mr. Cooper 's claims to be a " secured creditor but has not filed a Proof of Claim or proof of security with that Proof of Claim, as required under Rule 3001 ( c ), Mr. Cooper 's Motion is non-compliant with the Federal Rules of Bankruptcy procedure and must be denied. Debtor OBJECTS to the filing of the Motion by Mr. Cooper in the improper form and context in violation of FRBP Rule 3001 ( c ). 12. Because Mr. Cooper, by and through their attorney XXXX XXXX fail to meet any of the requirements of FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) and ( 2 ) ( A-C ), the motion must be denied. ( FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) ( a-c ) ). 13. Since Debtor is entitled to sanctions against disinterested party Mr. Cooper for failure to comply with Rule 3001 and 11 USC ss 362 ( d ) ( 1 ) and ( 4 ), the motion must be denied. 14. Disinterested person Mr. Cooper 's Motion, as stated on its face, was made under FRBP Rule 4001. 15. FRBP Rule 4001 is governed by FRBP Rule 9014. Rule 9014 pertains to contested matters as those which appear here in the Motion, between debtor XXXX and disinterested person Mr. Cooper. 16. Rule 9014 provided that : " Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversarial proceeding '' ( FRBP Rule 9014 ( d ) ). Also, " The court shall provide procedures that enable parties to ascertain a reasonable time before any scheduled hearing, whether the hearing will be an evidentiary hearing at which witnesses may testify ''. ( FRBP Rule 9014 ( e ) ). 17. Debtor XXXX respectfully requests and hereby implores the court to instigate procedures set forth under FRBP Rule 9014 ( d ) and ( XXXX ) at this time, because it is the intent of the debtor to call witnesses, including alleged signatory of documents submitted by Mr. Cooper, to testify before the court, through subpoena if necessary, to adjudicate and determine the veracity of the documents and statements made by Mr. XXXX speaking for Mr. Cooper and others involved in the claims presented by Mr. Cooper in the Motion. Debtor has already determined and established that many of the signatures on the documents presented by Mr. Cooper to this court as authentic were forgeries or made by unreal persons and persons without authority to make the assignments relied upon by Mr. Cooper, in the scheme and artifice to defraud this debtor perpetrated by Mr. Cooper, Mr. XXXX and others. 18. Because Mr. Cooper 's motion fails to satisfy the foregoing requirements of FRBP Rule 4001, 9014, 3001 and 11 USC 362, and 11 USC 101 ( 10 ), the court must deny the Motion on these grounds before it reaches any merits determinations on the Motion. Debtor OBJECTS to the Motion as being non-compliant with the statutory requirements and procedural Rule requirements set forth in the foregoing. 19. Mr. Cooper 's reliance upon a lost note affidavit in the submitted supplemental documentation attached to the motion is noncompelling and invalid. New York State UCC law governs the lost note requirements in New York Bankruptcy cases. Because Mr. Cooper is relying upon a " lost note affidavit '' to prove its " secured creditor '' status to this court without complying with the requirements of NY UCC 3-804, Mr. Cooper lacks standing to pursue any actions in this case. The restrictions of res judicata forbid Mr. Cooper form relitigating this fact. In previous cases this very court already informed Mr. XXXX that it could not rule in favor of XXXX 's previous co-conspirators and co-schemers upon their Motion for relief from stay, namely XXXX Investors, XXXX, Seterus and Mr. Cooper and others, because they ALL failed to provide this court with security bond for indemnification in at least twice the amount of the claim as required under NY UCC 3-804 ( SEE : NY UCC 3-804 ). XXXX and Mr. Cooper lacked standing to have the stay removed then, and they do now, upon the same grounds. Debtor OBJECTS to disinterested person Mr. Cooper 's attempt to relitigate their lack of standing due to non-compliance with NY UCC 3-804, and requests that XXXX and Mr. Cooper 's motion be denied, with prejudice, based upon their schemes and false claims. Debtor asserts that Mr. Cooper can not obtain bond in order to comply with NY UCC 3-804 because their claims and supporting documents are forged and fraudulent, and that the bonding and insurance companies, being aware of this fact, can not legally endorse a bond based under those circumstances. See Exhibit ( A ) Transcripts XXXX XXXX XXXX on XX/XX/XXXX Page 21 lines 14-25 and page 22 lines 1-6 WHEREFORE, as set forth and supported above, based upon : 1 ) Mr. Cooper 's lack of standing as a creditor ; 2 ) Mr. Cooper 's lack of security to be deemed a secured creditor ; 3 ) Mr. Cooper 's failure to comply with the requirements of statutes and Federal Rules of Bankruptcy Procedure, as specified above ; 4 ) Mr. Cooper 's status as a disinterested person as defined under 11 USC 101 ( 14 ) ; and, 5 ) the fact that the Motion state a claim and seeks relief which can not be granted, 6 ) the fact that a merits determination can not be made due to non-compliance with the Rules and Procedures as set forth above ; 7 ) Mr. Coopers restrictions pursuant to the principal of res judicata concerning NY UCC 3-804 the debtor respectfully requests that this honorable court : 8 ) deny Mr. Cooper 's Motion, with prejudice ; 9 ) invoke the sanctions authorized under Rule 9014 ( d ) to their maximum ; 10 ) forbid any further submission of evidence of any claim by Mr. Cooper and/or Mr. XXXX, pursuant to Rule 9014 ( d ) ( 2 ) ; and, 11 ) Provide any other relief to the debtor that this court may deem just and proper. I, XXXX XXXX born XX/XX/XXXX swear under the penalty of perjury that that my identity is as fore stated and is verified by the following witnesses or notary public. Furthermore, I agree to indemnify and hold anyone who uses this document to verify my identity harmless from any and all liabilities it may incur due to the reliance upon my statements. Respectfully submitted XX/XX/XXXX, I XXXX XXXX XXXX, appearing pro XXXX, do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief, under penalty of perjury. See 28 U.S. Code 1746 ( 1 ) FRAUD BY XXXX XXXX : Title 18 USC 157 Bankruptcy fraud provides that : A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so -- ( 1 ) files a petition under Title 11 ; or ( 2 ) files a document proceeding under Title 11 ; or ( 3 ) makes a false or fraudulent representation, claim or promise concerning or in relation to a proceeding under Title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both. Title 18 USC 1014 Loan and credit applications generally ; renewals and discounts ; crop insurance provides that : Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of ... a Federal Reserve Bank ..., any institution insured by the Federal Deposit insurance Corporation ... or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan, as defined in the Real Estate Settlement Procedures Act of 1974 [ 12 USC 2602 ], upon any application, advance, discount, purchase, purchase agreement, commitment, loan ... or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years or both. Title 18 USC 1016 Acknowledgment of appearance or oath provides that : Whoever being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgement, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the united States or by any Department or Agency thereof, concerning which an oath or affirmations required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this Title or imprisoned not more than two years, or both. Title 18 USC 1018 Official certificates or writings provides that : Whoever being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this Title or imprisoned not more than 1 year, or both. Title 18 USC 1021 Title records provides that : Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this Title or imprisoned not more than 5 years, or both. Title 18 USC 1341 Frauds and swindles provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice to defraud or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this Title or imprisoned not more than 20 years, or both. T itle 18 USC 1343 Fraud by wire, radio, or television provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, television communication in interstate commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this Title or imprisoned not more than 20 years, or both. Title 18 USC 1349 Attempt and conspiracy provides that : " Any person who attempts or conspires to commit any offense under this Chapter shall be subject to the same penalties as those prescribed for the offense of which was the object of or intent of the conspiracy. Title 18 USC 1021 Title records provides that : " Whoever, being an officer of the court [ i.e. attorney ] or other person authorized by any law of the United States to record a conveyance or any other instrument which by such law may be recorded, knowingly certifies that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than 5 years, or both. Title 18 USC 1962 Prohibited activities provides that : ( a ) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer. ( b ) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. ( c ) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises affairs through a pattern of racketeering activity or collection of unlawful debt. ( d ) It shall be unlawful for any person to conspire to violate any of the provisions of subsection ( a ), ( b ), or ( c ) of this section. Title 18 USC 3057 Bankruptcy investigations provides that : ( a ) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so. ( b ) The United States attorney thereupon shall inquire into the facts and report thereon to the judge, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction. Title 28 USC 524 Judiciary and Judicial Procedure provides that : ( a ) Appropriations for the Department of Justice are available to the Attorney General for payment of -- ( 1 ) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration ; and ( 2 ) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. ( b ) Except as provided in subsection ( a ) of this section, a claim of not more than {$500.00} for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment. ( c ) ( 1 ) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund ( hereafter in this subsection referred to as the Fund ) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes -- ( A ) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including -- ( i ) payments for -- ( I ) contract services ; ( II ) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties ; and ( III ) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause ; ( ii ) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures ; ( iii ) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture ; and ( iv ) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for ( I ) the purchase or lease of automatic data processing systems ( not less than a majority of which use will be related to such program ) ; ( II ) training ; ( III ) printing ; ( IV ) the storage, protection, and destruction of controlled substances ; and ( V ) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures ; ( B ) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of chapter 77 of title 18, sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986 ; ( C ) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund ; ( D ) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary ; ( E ) ( i ) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice ; and ( ii ) for payment for ( I ) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine ; and ( II ) costs incurred by or on behalf of a Stat
04/19/2019 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Problem with a credit reporting company's investigation into an existing problem
  • Difficulty submitting a dispute or getting information about a dispute over the phone
  • IL
  • 60134
Web
Experian is paying consumers who were damaged {$1500.00} for reporting tax liens. I attempted to file complaint online. They required ( no choice ) to agree to their unilateral terms, and their terms of service agreement follows : Terms of Use Agreement Revised XX/XX/2019 ( Please note that our Terms of Use Agreement is also referred to as the " Terms and Conditions '' ) OVERVIEW AND ACCEPTANCE OF TERMS You agree that by creating an account with XXXX ( as defined below ), or accessing or using our Services ( as defined below ), website ( s ) ( such as this website, https : //usa.experian.com, or any affiliated website ( including, but not limited to, Experian.com, XXXXXXXX XXXX, XXXX XXXX, XXXX, usa.experian.com, and experian.experiandirect.com ) ), or mobile applications ( such as the Experian app ), as well as any content provided or accessible in connection with the website ( s ) or mobile application ( s ), including information, user interfaces, source code, reports, images, products, services, and data ( each website and mobile application referred to herein as a " Website, '' and collectively, as " Websites '' ), you represent to XXXX that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ( " Agreement '' ) whether you are a " Visitor '' ( which means that you simply browse or access a Website ), or a " Customer '' ( which means that you have created an account with XXXX, or enrolled or registered with a Website, or are accessing or using a Service ). At Customer 's election, Customer may, from time to time, request to receive, and XXXX may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee ( each a " Service '' ) ), and Customer 's receipt and use of such Services shall, at all times, be subject to this Agreement. The term " Service '' includes, but is not limited to, the provision of any of our products and services, including credit report ( s ), credit risk score ( s ), credit monitoring, credit score monitoring and credit score tracking ( including all the data and information contained therein ), the receipt of any alerts notifying you of changes to the information contained in your credit report ( s ), regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you. The term " you '' or " User '' refers to a Visitor or a Customer. For purposes of this Agreement, the terms " we, '' " us '' or " XXXX '' refer to XXXX, XXXX, an Experian company ( also known as Experian Consumer Services ), and referred to as " Experian '' on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers ( including, without limitation, cloud service providers ) who XXXX uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement, you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement. For the avoidance of doubt, this Agreement expressly applies to : ( a ) your access to and use of the Websites ; ( b ) any and all transactions between you and XXXX through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with free Services or paid Services, including any such information that may be archived to the extent made available on the Websites, such as ( i ) for your purchase of non-membership based Services such as the 3 Bureau Credit Report and FICO Scores, the FICO Industry or other Base FICO Scores and/or an Experian Credit Report and FICO Score, ( ii ) enrollment and use of free Services ( such as EXPERIAN XXXX Basic ), and/or enrollment, purchase and use of membership based Services ( such as EXPERIAN XXXX XXXX, Experian XXXX, or Experian XXXX XXXX XXXX ; and ( iii ) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites. You may not browse the Websites, or create an account or register with XXXX, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with XXXX. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records. THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE ( TO THE EXTENT APPLICABLE ), AND CALL CUSTOMER CARE AT XXXX TO CANCEL YOUR ACCOUNT WITH XXXX. NOTE, YOU MAY ALSO BE ABLE TO DEACTIVATE YOUR PAID SERVICE AND RETAIN YOUR ACCOUNT WITH ECS ONLINE, AS AND TO THE EXTENT EXPLAINED IN FURTHER DETAIL BELOW. PERMISSIBLE PURPOSE AND CONSENTS You understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service ( including an order for a Service that includes enrollment of your minor child in such Service ), you have provided " written instructions '' in accordance with the Fair Credit Reporting Act, as amended ( " FCRA '' ), for XXXX, and its service provider, XXXX XXXX, an Experian company ( " XXXX '' ), to obtain your credit report and/or credit score ( s ) ( or the credit report or credit score ( s ) of any minor children whom you have enrolled in a Service ) on a recurring basis to provide them to you while you have an account with XXXX, and such information may be obtained by Experian Information Solutions , Inc. ( " Experian Credit Bureau '' ) or any other credit reporting company. You understand and agree that, pursuant to such authorization, XXXX, and its service provider, XXXX, may access your credit profile ( and those of any minor children whom you have enrolled in a Service ), including without limitation, your credit report, credit score ( s ) and other related information, to, among other things, verify your identity ( or those of any minor children whom you have enrolled ) and to provide credit monitoring, credit scoring, credit score monitoring and tracking, identity monitoring, alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report, fraud resolution, or card registry products. You understand and agree that XXXX, and its service provider, XXXX, may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to XXXX for XXXX to obtain your credit report and/or credit score ( s ) on a recurring basis to provide them to you to review while you have an account with XXXX. You further understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service, you have provided " written instructions '' in accordance with the FCRA for XXXX to obtain and use the information you have provided, and your credit report and/or credit score ( s ) to notify you of credit opportunities and other products and services that may be available to you through XXXX or through unaffiliated third parties ( as explained in the section below entitled " General Description of Services '' ). In addition, you further understand and agree that, if you request certain loan offers as part of any Service, such as prequalified personal loan offers, you are authorizing XXXX to send your information to lending partners on your behalf, and have provided " written instructions '' in accordance with the FCRA to such lending partners to obtain information from your personal credit profile or other information from one or more consumer reporting agencies, such as XXXX, Experian or XXXX, solely to prequalify you for credit options, offers or other credit opportunities, including prequalified personal loan offers, and to share such credit opportunities with XXXX. You understand and agree that XXXX receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website ( including, for example, the order in which they appear ). You further understand and agree that many but not all credit opportunities available through third parties, such as prequalified credit and personal loan offers, may be made available to you in a Service, and such Service will not include all credit opportunities available through third parties. Please note that prequalification for a credit opportunity available through a third party does not guarantee approval, and you will need to submit an application with such third party if you choose to apply for a prequalified offer ( and such application may result in a credit inquiry that can impact your credit score ( s ) ). You further understand and agree that, by using the Experian Boost Service or other Services using Linked Accounts ( as defined below, including Financial Management Tools ), you ( i ) authorize XXXX and its service provider ( s ), including XXXX, to gain recurring access to your financial account ( s ) to obtain, use and store financial transactions ( " Consumer Consent Transaction Data '' ) to add and maintain transactions ( e.g. addition of certain utility and mobile telecom bill payment history ) to your Experian credit file, and if you elect to use Financial Management Tools for XXXX to monitor and provide alerts and insights for your financial transactions for your own review ( if Financial Management Tools are made available to you ) ; and ( ii ) designate XXXX, and its service provider ( s ), including XXXX, as your agent ( s ), and have provided " written instructions '' in accordance with the FCRA, to add and maintain information to your Experian credit file using Consumer Consent Transaction Data, and such information may be provided on your behalf by XXXX to the Experian Credit Bureau, and may be used and stored by the Experian Credit Bureau for any purposes lawfully permitted by the FCRA ( e.g. use in lending decisions of certain utility and mobile telecom bill payment history added to your Experian credit file using Experian Boost ), and/or to the same extent as any other information furnished to the Experian Credit Bureau for inclusion in your Experian credit file. AMENDMENTS This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website ( or any of the Websites, to the extent applicable to you ), delivered to you, or reasonably made available to you in writing by XXXX. However, no unilateral amendment will retroactively modify the parties ' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection ( g ) of the Agreement 's " Dispute Resolution By Binding Arbitration '' Section below. MODIFICATION OF SERVICES OR WEBSITES XXXX may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that XXXX will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites. GENERAL DESCRIPTION OF SERVICES The Services and Websites are meant to provide you a means to review your personal finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of credit opportunities and other products and services that may be available to you through XXXX or through third parties ( such as, among other things, advertisements or offers for available credit cards, loan options, financial products or services, or credit related products or services and other offers to Customers, the ability to track and collect certain consumer information specific to you, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates ). The Services and Websites are meant for your personal use only. The Services and Websites may also provide you other third-party product information, such as the availability of loans and other financial products or services, or credit related products or services ( including credit repair or other credit education services ). This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes ( and/or your consumer report or credit score ). These offers may also be generic and may not contain offers based on information specific to you. We will identify those Services that are provided to you free of charge. Some of the Services ( including Experian XXXX XXXX, Experian XXXX, or Experian XXXX ) may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for XXXX 's provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time : ( i ) submit a transaction using the card information provided, ( ii ) in the case of automatic recurring transactions, submit a transaction on a recurring basis ( e.g., monthly or annual basis ) for membership renewals, ( iii ) if necessary, obtain updates from card issuers for cards provided to us, ( iv ) if necessary, bill you, in a prorated manner ( as required ), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services ( or vice versa ), when a recurring basis transaction is at issue, and ( v ) if necessary ( and applicable ) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites or in the customer membership center. For the sake of clarity, if at any time while you have an account with XXXX, you decide to cancel your membership in a paid Service, you will be automatically enrolled in a free Service, as the cancellation of the paid Service will not cancel your account with XXXX unless you so indicate. To de-activate your account in its entirety and no longer receive the free Service, you must de-activate your account by contacting Customer Care ( or logging into your online account to deactivate your account, if available ) and expressly de-activating your account to no longer receive such free Service. In all events, your account with XXXX, ( including your access to and use of any Services ( whether free or paid ) and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account ), shall be governed by this Agreement ( and the terms and conditions contained herein ). You acknowledge and agree that XXXX ( including its Services and/or Websites ) has not and does not provide you ( or any minor child enrolled in a Service ) legal, tax, financial, or other advice ( including, without limitation, advice on how to improve or repair your credit or credit scores ), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide links to various other third party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which XXXX may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. There may be other offers generally available to you ( including those available in the marketplace ) that are not available to you on our Websites. XXXX does not make any guarantee or imply approval for any particular offer or opportunity made on our Websites. Further, XXXX does not represent, warrant or guarantee any level of potential savings or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible savings are for illustrative purposes only and may vary based on your individual financial circumstances and the terms made available to you by the applicable issuer or lender. XXXX disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible savings made by XXXX or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender 's website. Once you click apply for any offers, you will be directed to the issuer or lender 's website where you may review the terms and conditions of the applicable opportunity or offer before applying. While XXXX uses reasonable efforts to present the most accurate information, we show a summary to help you choose a third party service, not the full legal terms. XXXX does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, offers, advice, or statements contained within such websites, nor can XXXX guarantee your eligibility to take advantage of any of the information, data, opinions, offers, advice or statements contained within those websites. Please carefully read the terms and conditions or terms of use policies of any other third party company or website you may link to from our Websites. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. XXXX reserves the right to terminate any link or linking program at any time. XXXX disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites. ACCOUNT WITH ECS ; USE OF THE SERVICES In consideration of your account with XXXX, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by XXXX. If any information you provide is untrue, inaccurate or not current, or if XXXX has reasonable grounds to suspect that such information is untrue, inaccurate or not current, XXXX, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that XXXX may, in its sole discretion, retain any information you provide to it or generated by XXXX ( or its affiliates/suppliers ) while you have an account with XXXX, including any information about you ( or any minor child you are enrolling, when enrolling in any Service ) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If XXXX does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time. DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. SUMMARY : MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER 'S SATISFACTION BY CALLING XXXX 'S CUSTOMER CARE DEPARTMENT AT XXXX. IN THE UNLIKELY EVENT THAT XXXX 'S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION ( OR IF XXXX HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY ), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS ; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. XXXX WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ECS WILL BE ENTITLED TO RECOVER ATTORNEYS ' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT. Arbitration Agreement : ( a ) XXXX and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law.. The agreement to arbitrate includes, but is not limited to : claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute ( including, without limitation, the Credit Repair Organizations Act ) fraud, misrepresentation or any other legal theory ; claims that arose before this or any prior Agreement ( including, but not limited to, claims relating to advertising ) ; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class ; and claims that may arise after the termination of this Agreement. For purposes of this arbitration provision, references to " XXXX, '' " you, '' and " us '' shall include our respective parent entities, subsidiaries, affiliates ( including, without limitation, our service provider, XXXX ), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and XXXX are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the XXXX XXXX XXXX governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement. ( b ) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( " Notice '' ). The Notice to XXXX should be addressed to : General Counsel, Experian, XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( " Notice Address '' ). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from XXXX ( " Demand '' ). If XXXX and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or XXXX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by XXXX or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or XXXX is entitled. You may obtain more information about arbitration from www.adr.org. ( c ) After XXXX receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. ( The filing fee currently is {$200.00} for claims under {$10000.00}, but is subject to change by the arbitration provider. If you are unable to pay this fee, XXXX will pay it directly upon receiving a written request at the Notice Address. ) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ( collectively, " XXXX Rules '' ) of the XXXX XXXX XXXX ( " XXXX '' ), as modified by this Agreement, and will be administered by the XXXX. If the XXXX is unavailable or refuses to arbitrate the parties ' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties can not agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the XXXX XXXX XXXX. In all events, the XXXX Rules shall govern the parties ' dispute. The XXXX Rules are available online at www.adr.org, by calling the XXXX at XXXX, or by writing to the Notice Address. The XXXX Rules may change from time to time, and you should review them periodically. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement 's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless XXXX and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your billing address. If your claim is for {$10000.00} or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the XXXX Rules. If your claim exceeds {$10000.00}, the right to a hearing will be determined by the XXXX Rules. Except as otherwise provided for herein, XXXX will pay all XXXX filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose ( as measured by the standards set forth in Federal Rule of Civil Procedure 11 ( b ) ), then the payment of all such fees will be governed by the XXXX Rules. In such case, you agree to reimburse XXXX for all monies previously disbursed by it that are otherwise your obligation to pay under the XXXX Rules. ( d ) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the XXXX Rules. ( e ) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the XXXX Rules. ( f ) YOU AND ECS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XXXX agree otherwise, the arbitrator may not consolidate more than one person 's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party 's individual claim. If this specific subparagraph ( f ) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph ( f ) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph ( f ) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration. ( g ) Notwithstanding any provision in this Agreement to the contrary, we agree that if XXXX makes any change to this arbitration provision ( other than a change to the Notice Address ) during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require XXXX to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to XXXX at the Notice Address above prior to initiating your dispute. FCRA DISCLOSURES The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company
05/12/2020 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Incorrect information on your report
  • Information belongs to someone else
  • TX
  • 77033
Web
As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p. Please note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code. Table of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the " Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. ( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. ( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. ( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. ( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. 15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection. ( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium. ( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt. ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. ( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. ( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment. ( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. 15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. 15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. ( d ) Consumer defined For the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator. 15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. 15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 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. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. 15 USC 1692f 808. 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. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 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. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section 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 a 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. Collection activities and communications that do not otherwise violate this subchapter 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. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions. 15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. 15 USC 1692j 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. ( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ). ( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section. ( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter. 15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title. ( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title. 15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter. 15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas
05/12/2020 No
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Incorrect information on your report
  • Information belongs to someone else
  • TX
  • 77033
Web
As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p. Please note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code. Table of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the " Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. ( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. ( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. ( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. ( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. 15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection. ( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium. ( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt. ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. ( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. ( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment. ( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. 15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. 15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. ( d ) Consumer defined For the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator. 15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. 15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 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. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. 15 USC 1692f 808. 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. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 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. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section 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 a 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. Collection activities and communications that do not otherwise violate this subchapter 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. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions. 15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. 15 USC 1692j 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. ( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ). ( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section. ( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter. 15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title. ( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title. 15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter. 15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas
01/11/2022 Yes
  • Debt collection
  • I do not know
  • Took or threatened to take negative or legal action
  • Seized or attempted to seize your property
  • SC
  • 29662
Web Servicemember
Santander Consumer USA is holding my vehicle unlawfully and refuses to disclose the location of my vehicle. I am the Bona fide Lien Holder of the vehicle. I have the physical possession of the title, and the lien satisfaction letter. Santander Consumer USA is trying desperately to avoid detection by the CFPB regarding numerous violations. On XX/XX/XXXX, Santander Consumer USA unlawfully repossessed my vehicle. I financed my vehicle through Gateway One Lending & XXXX. Santander USA has never been my lien-holder. Santander acquired Gateway One in XX/XX/XXXX. I later discovered thru XXXX report, Lien with Gateway One satisfied on XX/XX/XXXX. Santander Consumer USA assigned XXXX XXXX XXXX to do the Repo. XXXX XXXX assigned XXXX XXXX XXXX ( XXXX ) to do tow recovery. Notably, XXXX tow driver initially reported to his employer XXXX, XXXX XXXX and Santander that he retrieved the vehicle from XXXX XXXX XXXX on XX/XX/XXXX at XXXX pm. But the Repossession Notification indicated that tow agent recovered vehicle on XX/XX/XXXX at XXXX pm. Tow driver also reported that police were notified of the tow on XX/XX/XXXX. And it was not until after I spoke with XXXX Compliance ( XXXX XXXX on XXXX, did XXXX on XXXX call police dispatch and change the location of where the tow driver reported the vehicle was recovered. On XXXX, XXXX ( XXXX XXXX stated that tow driver reported that he towed the vehicle from XXXX XXXX XXXX at XXXX pm. And XXXX was surprised to discover that vehicle was not recovered from that location. XXXX asked for the address and I informed that vehicle taken from a restaurant parking lot. Also, I informed that there was a breach of the peace on XX/XX/XXXX. XXXX ( XXXX XXXX confirmed that tow agent did not report there was an altercation in the restaurant parking lot on XX/XX/XXXX. Also, on XXXX, earlier that day, I spoke with Santander USA and XXXX XXXX who both said that XXXX tow driver reported vehicle taken from XXXX XXXX XXXX on XX/XX/XXXX at XXXX pm. Also, both Santander and XXXX said the tow driver did not notify of the breach of the peace that occurred on XX/XX/XXXX. Both Santander and XXXX said that tow agent reported that he notified police on XX/XX/XXXX. In response to the breach of the peace, Santander said in its CFPB response dated XX/XX/XXXX, It had no control over the policy or procedures of the repossession vendor, nor can we, confirm any of the actions, or comments mentioned in my statement against XXXX XXXX XXXX as they are a separate entity. However, on XX/XX/XXXX. XXXX of the Executive Office called and said she was informed of the altercation between the tow agent and me. XXXX asked and I confirmed that a police report for a stolen vehicle was filed on XX/XX/XXXX. XXXX said that she would send a claim packet so that I could make a claim against XXXX XXXX and the tow agent XXXX XXXX XXXX XXXX, XXXX ). But Santanders Executive Office ( aka so-called internal legal department XXXX never sent the claim packet. Also, notably, when asked, XXXX said that they did not have an internal legal department. Santanders Executive Office was complicit in the coverup of the breach of the peace and unlawful tow. XXXX said in its CFPB response dated XX/XX/XXXX, After the repossession was complete and the vehicle was on hook and the driver was leaving the parking lot, that it noticed someone yelling, but could not ascertain to whom the person was calling. But during the call dated XX/XX/XXXX, XXXX Compliance ( XXXX XXXX said the driver reported that he informed me that it was a repossession and left automatically. I said I never had a conversation with the tow driver. And had I been informed of a repossession, I would not have made a stolen vehicle report on XX/XX/XXXX. XXXX retorted there was another person with me. How would XXXX know this if the tow driver reported earlier to his employer XXXX and XXXX XXXX that he never had any contact with me? I asked XXXX if police were called and XXXX hesitantly said the police were called on XX/XX/XXXX. I said the XXXX XXXX Police Incident Detail Report showed that police dispatch were notified on XXXX. Caught in a LIE, XXXX requested that I email the Incident Report to her. On XXXX XXXX tow agent reported to XXXX XXXX Police Dispatch that he towed/recovered my vehicle from XXXX Restaurant XXXX XXXX XXXX XXXX XXXX XXXX SC XXXX XXXX XXXX pm, giving the appearance that he towed the vehicle on that day. Totally contradicting his earlier report that he took the vehicle from XXXX XXXX on XX/XX/XXXX at XXXX pm. Note : The tow occurred on XX/XX/XXXX, not on XXXX. So, this tow agent, his employer XXXX, XXXX XXXX and Santander USA had my vehicle in their unlawful possession for XXXX ( XXXX ) days before the tow was reported to police dispatch. The Incident Detail Report also noted the discrepancy that tow Occurred on XX/XX/XXXX, but tow driver called in today ( XX/XX/XXXX ), XXXX days later than what tow driver reported to XXXX, XXXX and Santander. XXXX, XXXX XXXX and Santander had my vehicle in their unlawful possession for 5 days before the tow agent reported on XXXX. And my vehicle continued to be in their unlawful possession since their actions violated city, state and federal laws. And on XX/XX/XXXX, Santander secretly and maliciously transported my vehicle across state line for auction. On XX/XX/XXXX XXXX checked the VIN and noted that I am the Title Holder and Gateway One the loan originator. Neither XXXX XXXX nor XXXX checked the VIN before they assigned and/or executed the repossession. On XXXX, after I advised the XXXX tow yard manager ( XXXX ) that tow driver falsely reported where he retrieved the vehicle and he breached the peace, XXXX gave me the number for XXXX Compliance and advised that I call. XXXX said the tow driver was already in a little bit of trouble, and retorted you didnt hear that from me. I called XXXX Compliance and spoke with XXXX who noted the discrepancies in the tow drivers report. XXXX said she needed to do further investigation, and she would call back shortly. Two hours later I called back and noticeably XXXX had a different demeanor. After speaking with XXXX Compliance, I advised XXXX that I spoke with Compliance ( XXXX ). On XXXX, XXXX said the following : XXXX had not sent over RELEASE and she had informed her home office too, just to make sure. And they do, XXXX automatically uploads onto the system. So we just pull it, soon as it goes on it, we see it. And its not on it. So you may want to call XXXX and ask them wheres the RELEASE? XXXX said once she had that she could release it ( Vehicle ) to me no problem. So, on XXXX XXXX acknowledged that tow/repossession was unlawful and XXXX had XXXX lawful right to continue to hold my vehicle. But XXXX at the behest of Santander USA and XXXX XXXX refused to release my vehicle on XXXX. And on XXXX, XXXX XXXX, XXXX complicit with Santander Consumer USA covered up the unlawful repossession ( THEFT ) and the breach of the peace. And on XX/XX/XXXX XXXX XXXX at the behest of Santander USA transported the vehicle across state line to XXXX XXXX for auction. On XX/XX/XXXX, I faxed documents to Santander USA and XXXX showing that I am the owner of vehicle. I also spoke with XXXX XXXX who said it would not release vehicle until it received authorization from Santander. I also called XXXX to confirm receipt of the fax. I spoke with Compliance ( XXXX XXXX who was rude and exhibited XXXX overtones. XXXX said she would not release the vehicle until Santander told her to do so. I also called Santander on XX/XX/XXXX. Notably, the call disconnected twice. I spoke with XXXX of Santanders Executive Office who said that Santander was still reviewing the CFPB COMPLAINT filed on XX/XX/XXXX. XXXX asked for an additional 48 hours to review the complaint. XXXX said she would have a response by Tuesday XX/XX/XXXX. But I received no response to my CFPB complaint and on XX/XX/XXXX, Santander instructed XXXX XXXX to transport my vehicle across state line for auction. I did not receive any notice from Santander regarding auction location, date and time. Santander Lied on XX/XX/XXXX, to prevent me from getting my vehicle over the weekend. On XXXX, I filed a CFPB complaint. On XXXX, I received an encrypted secured message from XXXX of Santanders Executive Office. XXXX said, My name is XXXX and Im your resolution specialist here at Santander Consumer USA. Could you please provide me the best phone number to reach you, as well as the best time to contact you. Please note that XXXX secured message was sent only two days after I filed the CFPB complaint dated XXXX. On XX/XX/XXXX, I called XXXX direct extension and informed that he was unavailable. The call was transferred and I spoke with XXXX of Santanders Executive Office. XXXX said the feedback expressed that I wanted to speak to someone about an issue on the account. He said that XXXX reached out to get some further details of what that issue was and how we can assist you. I said that was not my complaint. I did not reach out to Santander to provide or get any feedback. I made a CFPB complaint against Santander for violations, and Santander reached out to me. I filed a CFPB complaint on XX/XX/XXXX and received a secured message shortly after. I said I didnt know what feedback Santanders waiting on because I dont have any feedback to provide to them. I noted in Santanders CFPB response dated XX/XX/XXXX, that Santander asserted, effectively XX/XX/XXXX, all titles held by Gateway were sent to Santander Consumer USA. Further, Santander said that when the account balance is satisfied, it will process the release of the title including removing the lien held by Gateway. Notably, Santander USA inadvertently admitted that the TitlXXXX was held by Gateway. On XX/XX/XXXX I spoke with SC XXXX who said the Title was released to me on XX/XX/XXXX, and asked if I received the title. I said no and the agent asked me to confirm my special mailbox. The Agent confirmed that the title was sent to this address. XXXX noted that duplicate title sent on XX/XX/XXXX. I confirmed receipt of the duplicate title. Agent said there was no need to be concerned about the original title since I had the duplicate title. XXXX said the original title voided since I had the duplicate, and that no one could do any thing with the original title. And on XX/XX/XXXX, I contacted XXXX. I said that I was informed by XXXX that my Title was previously sent to my XXXX XXXX XXXX I said that I never received the original title and asked if she would confirm the address where it was sent. The XXXX Agent said that it was not sent to my XXXX XXXX XXXX it was sent to a NC address. I asked for the address, but she could not provide for privacy concerns. I retorted I am the owner of the vehicle ; you cant tell me where my title was sent? XXXX said you can request that information in writing. I said that I recently requested and received my XXXX History, but didnt see that information in there ( I later found that information in the report ). She asked me to hold to speak to someone about getting this information. While holding, I remembered that XXXX Auction is in XXXX NC. I googled the address for XXXX and when XXXX returned, I asked her to confirm whether that was the address where my original title was sent? She said, Yes. She asked if this was the address for the lien holder ( Gateway One ) who released the lien on XX/XX/XXXX? I said NO! Gateway One is in California. She retorted perhaps thats Santanders address? I said they are in Texas. I said thats the address for XXXX XXXX, the auction yard that held my vehicle from XX/XX/XXXX until it allegedly sold on XX/XX/XXXX. Santander sent my Title to XXXX XXXX on XX/XX/XXXX. Both Santander and XXXX knew before and after receipt of that title that I am the lien holder of the Vehicle. On XX/XX/XXXX, XXXX of the Executive Office also said that Santander was the lien holder until the vehicle was paid in full. I retorted, how can Santander claim to be the lien holder when Im standing here looking at my title? XXXX said, you may have a copy of the title. There are different documents we can send out to customers for them to register the vehicle. I retorted that I received my title from SC XXXX. I am the owner of the vehicle. I just paid my taxes, and my insurance is current. I said that I spoke with XXXX who said they dont know anything about Santander or a repossession. XXXX said that I am the lawful owner of the vehicle. The lien was satisfied through Gateway One on XX/XX/XXXX. XXXX apologized and said he would forward this info to XXXX, so he could review further. He apologized saying its showing one way in our system. And said that he definitely believed what I was saying. XXXX said theres obviously some type of discrepancy. XXXX asked that I take a picture of the Title showing that vehicle or lien is under my name and there is no lien on the vehicle. Notably, Santander USA is still asking me to provide a copy of my title. XXXX said that XXXX could have that as part of his review to determine the next steps. I told XXXX that I would not get off this phone until I find out where my vehicle is. You ( Santander ) had my vehicle for five ( XXXX ) XXXX months. XXXX said the vehicle sold at auction. I asked what the vehicle sold for? XXXX initially said {$15000.00}, and then pulled up more detailed info. XXXX placed me on hold so he could pull up the full breakdown. When the call resumed, XXXX apologized saying he misspoke. XXXX said the sales price showed {$25000.00}. XXXX confirmed there is no balance. I asked for the deficiency letter. XXXX said there is no deficiency letter. I said if the vehicle sold, Santander should have provided a letter to me. XXXX said if a deficiency letter sent out, it would have been system generated. XXXX said that when he forwarded this info to XXXX, he would also request that XXXX obtain that Letter so he can send a copy directly to me. Notably, I never received this deficiency letter from XXXX. I said that you should be able to pull that letter up now as we speak. I said I want you to pull that letter up and give me the breakdown of that letter. XXXX nervously said sure and placed me on another hold. When the call resumed, XXXX apologized, saying, he didnt show anything on file for a deficiency letter. XXXX said since there is no deficiency balance, he didnt believe I would receive a deficiency letter. XXXX said that he would let XXXX know thats something Im looking for so he can find out if theres a document somewhere. I said if that vehicle sold, Santander is required to inform that vehicle was sold, including the date, and the amount it sold. XXXX said there is not a document here that he could reference. XXXX never called as requested or contacted me again. I knew that Santanders Executive Office was trying to contain my issues within the Executive Office. I discovered an email address for Santanders CEO and Board of the Directors. I emailed both XXXX and Directors my concerns on XX/XX/XXXX, early Saturday morning. And notably, on XXXX early Monday morning, I received an email and call from Santanders Attorney, XXXX XXXX XXXX. Attorney XXXX said that his firm has been asked to respond to my complaint against Santander. Attorney XXXX said that he tried calling me, but it went to voicemail. Attorney XXXX asked, Can you please let us know when you have time to have a brief call to help us better understand what your complaint is against Santander and what you are asking for? I called Santanders Attorney and spoke with him for about an hour. He claimed that he had the complaint for about five hours, and didnt have much information from Santander . He asked if I would provide a copy of my title, lien satisfaction letter and XXXX report for the vehicle. On XX/XX/XXXX, I emailed Santanders Attorney that I would not disclose these documents since Santander repossessed my vehicle and should already have the title to support that Santander had the lawful right to repossess and subsequently sell or dispose of the vehicle. Notably, I received no response from Santanders Attorney. And on XX/XX/XXXX, I received a CFPB response indicating that Santander was unable to respond to my complaint dated XXXX through CFPB because it involves the same issue raised in a pending or prior litigation between the company and account holder. Please note that on XX/XX/XXXX, I filed a CFPB complaint against Santander Consumer USA for which Santander responded by pretending to review the complaint for several days and on XX/XX/XXXX, Santander secretly had my vehicle transported across state line for auction. On XX/XX/XXXX, I spoke with CFPB who informed that it was contacted by Santander on XX/XX/XXXX and that Santander stated it could not respond to my complaint for the reasons already stated. I told CFPB that Santander never properly addressed my complaint filed on XXXX. I said that Santander has committed several violations and is desperately trying to avoid detection by the CFPB. CFPB noted that Santander Consumer USAs said its legal department would be responding directly to my complaint. Notably, as of date, I have not received any response from Santanders legal department. However, Santander USA sent correspondence dated XX/XX/XXXX, saying that it had received my request for protections afforded by Servicemembers Civil Relief Act ( SCRA ). Notably, I never requested any protections under XXXX. I retired from the military in XXXX, why would I request protections under the XXXX? Moreover, my vehicle was unlawfully repossessed by Santander Consumer USA on XX/XX/XXXX, and allegedly sold at auction on XX/XX/XXXX. So, how would the protections afforded by XXXX benefit me after repossession? On XX/XX/XXXX, I spoke with XXXX XXXX who appeared confused and asked if I requested these protections? Apparently, XXXX XXXX had no record of a request from me for protections afforded by XXXX. Santander fabricated this request to give the appearance that my XXXX CFPB complaint pertained to a request for protections afforded by XXXX. Notably, I received this letter around the same time Santander informed CFPB on XX/XX/XXXX that it was unable to respond to the complaint through CFPB. Santanders legal department never contacted me as stated in their response to CFPB. But on XX/XX/XXXX, I received an email from Santanders Attorney who said that the check received on XX/XX/XXXX was the excess amount of what the vehicle sold for. Santanders Attorney said that hes still investigating the questions regarding title. Interesting, Santanders Attorney was sure the check sent on XX/XX/XXXX was the excess from the sale of the vehicle. But ten days after speaking with him, Attorney XXXX is still unsure as to whether Santander held Title to the vehicle. Bear in mind XXXX days later, Santander still had not provided proof of title or any documents to Attorney XXXX supporting that Santander had lawful right to repossess my vehicle. Also, Santanders Attorney asked that I not contact Santander since hes representing them. However, recent calls to Attorney XXXX have gone unanswered. After receipt of the email dated XX/XX/XXXX, I immediately contacted Santanders Attorney and spoke briefly with him since he had to attend another call. I told him that check was not the excess of what the vehicle sold for since Santander stated in the deficiency letter dated XX/XX/XXXX the vehicle sold for {$10000.00} and that a deficiency balance of {$15000.00} was owed to Santander. Also, in regards to contacting Santander earlier, I said that my insurance provider ( XXXX ) contacted Santander attempting to get documentation supporting that vehicle repossessed and sold on XX/XX/XXXX. Santander USA did not provide notice of repossession or sale to XXXX. XXXX of Santanders Executive Office said he could not speak with XXXX or provide any information without my consent and asked that I call Santander. Also, XXXX told XXXX that hes preparing these documents and said he would send these documents to me soon. I havent received any documents from XXXX or Santander supporting that the repossession and alleged sale of vehicle lawful. Santanders Attorney asked what would you like me to do today? I said that I will file another CFPB and South Carolina Consumer Affairs complaint because Santander unlawfully took my vehicle. I am the lawful owner of that vehicle. I said Santander is only delaying the inevitable. So lets move forward. The Attorney reiterated that he had a call in a few minutes and asked if theres anything he could do today or are you just calling to notify that you are going to be filing a complaint. I said you can go ahead and settle with me or I move forward. I said its been almost six ( 6 ) months and Ive been stressed out over this. Either move forward, get this thing resolved or Im moving forward. Santanders Attorney asked what is your demand and I will take it to them. Santanders Attorney said that he just need to know the number. Said he got another call and he was not trying to be difficult. But if I could let him know the number. Or if you want to email it to me and lay everything out that would be better. I said I would email it to him. Santanders Attorney said he would talk to them and get back with me with their response. On XX/XX/XXXX, I emailed the Settlement Demand Letter to Santanders Consumer USAs attorney. Attorney XXXX did not confirm receipt of the demand. And on XXXX, I requested confirmation. No response from Attorney XXXX. But, I received additional correspondence dated XX/XX/XXXX from Santander. This correspondence was in response to my communications with Santander USA on XX/XX/XXXX regarding XXXX. Again Santander asked that I provide documentation in order for them to review your account for protections afforded by XXXX. Santander said that records indicated that they had not received any documents from me and their searches of XXXX XXXX XXXX XXXX ( XXXX ) do not indicate that I am currently on military service covered by XXXX. Santander is apparently strategizing to close out the fictitious XXXX request to avoid detection and cover themselves with the CFPB. Santander will claim that the XXXX request was closed due to no response. Santander sent me a deficiency letter dated XX/XX/XXXX, asserting that it sold the vehicle for {$10000.00}. Also, this letter indicated that there was a balance due of {$15.00}, XXXX, for which demand was made. But on XXXX, I spoke with XXXX of XXXX XXXX who said the vehicle sold for {$25000.00}. Also, XXXX XXXX said there was no balance. And on XX/XX/XXXX, I spoke with Customer Service ( XXXX ) who said the vehicle sold on XX/XX/XXXX for {$14000.00}. Also, XXXX said a deficiency letter sent, but she was unable to see the letter in the system. XXXX also said there was no correspondence sent out regarding payoff. Notably, Santander gave fouXXXX ( XXXX ) different amounts the vehicle sold for. The calculations in the deficiency letter dated XX/XX/XXXX amounted to {$25000.00}. I subtracted this amount from {$25000.00}, which is a difference of {$490.00}. I noted in the deficiency letter that {$490.00} was Santanders purported cost of selling the vehicle. {$25000.00} + $ XXXX {$25000.00}. Apparently, in Santanders rush to commit fraud, and other wrongdoing, Santander added the cost of selling the vehicle twice in its calculation to arrive at the {$25000.00}. Also, I noted in our conversation, Santanders legal counsel said on XX/XX/XXXX, perhaps the {$10000.00} check dated XX/XX/XXXX was the leftover. But, I argued that if Santander claimed in the deficiency letter I owed them {$25.00}, XXXX, and the vehicle sold for {$10.00}, XXXX, why would Santander send me the proceeds for the sale of the vehicle? I would still owe Santander {$25000.00} plus {$10000.00} = {$35.00}, XXXX. And if Santander claimed I owed them {$25.00}, XXXX, and Santander sent me a check for {$10.00}, XXXX that would leave {$35.00}, XXXX owed to Santander. And if I owed {$25.00}, XXXX as stated in the deficiency letter dated XX/XX/XXXX and the vehicle sold for {$25000.00} as later claimed by Santanders Executive Office, Santander would have owed me {$490.00}. But Santander Consumer USA sent me a check for {$10000.00}. Thats a difference of {$9.00}, XXXX. Am I to believe that Santander sent me this extra money out of the kindness of its heart? Santander sent that check dated XX/XX/XXXX hoping I would accept this check, just go away and not pursue any legal action against Santander. And when I spoke with Santander on XX/XX/XXXX, there was no record of a check sent to me. And the Reinstatement Manager ( XXXX XXXX confirmed through the deficiency letter dated XX/XX/XXXX that the vehicle sold for {$10.00}, XXXX on XX/XX/XXXX. But XXXX said on XXXX that the vehicle sold for {$25000.00}, and no deficiency letter generated or sent to me due to the zero balance. Notably, on XX/XX/XXXX, I received another Secured Encrypted Email from XXXX XXXX, Manager, Complaints Management at Santander Consumer USA. Santanders scripted message said, We recently received feedback that you requested contact in regards to a concern you have. We take these issues seriously and continually seek to improve our processes and products based on consumer feedback. Santander requested that I respond with permission to contact them strictly in regards to this specific concern, including my preferred contact number. If no response received within seven ( 7 ) days, then the issue will be closed until contact is made with our offices. I noted that this message came from the Executive Office. On Tuesday, XX/XX/XXXX, I responded to Santanders secured message. I provided my contact number and requested that XXXX XXXX call. On XX/XX/XXXX, I called Santander and spoke with XXXX of the Executive Office. XXXX was rude and very condescending. XXXX said that he no longer had the account and that I needed to speak with XXXX XXXX. He said he would contact and transfer the call. But later XXXX said that XXXX XXXX is not a Phone Based team and that he was unable to get on the phone. He said XXXX XXXX reached out to me regarding permission to contact because it showed in XXXX ( XX/XX/XXXX ) that you requested something in regards to retired military. So whenever thats the case, we do have to open that up on this end. He reiterated that XXXX XXXX is not a phone based team and would not be able to transfer me. XXXX said he didnt know exactly what was going on with the account, but noted there is activity on the account. XXXX said that he would advise XXXX XXXX that I called and provide the number to reach me. As of date, I have not received any response from XXXX XXXX XXXX or anyone of Santanders Executive Office. Again, I assert that the purported request for protections afforded by XXXX is a ploy by Santander to avoid detection by the CFPB. I have gone back and forth with Santanders utter foolishness and blatant lies for almost ( XXXX ) months and I refuse to allow Santander to harass and oppress me further. Santanders actions are abominable and have affected both my emotional, mental and physical health. I noted that Santander said in its CFPB response, dated XX/XX/XXXX, and notice to sell vehicle that it took my vehicle on XX/XX/XXXX. Santander unlawfully took my vehicle on XX/XX/XXXX. So, even in its response, Santander still cant get its LIES straight. The XXXX, Title, Lien Satisfaction Letter and XXXX History Report clearly shows that I am the lawful owner of the vehicle. After Santander had my vehicle transported to an undisclosed location on XX/XX/XXXX, I called XXXX XXXX on XX/XX/XXXX. The XXXX Agent said Since it already left the tow agents lot, I would have to get with Santander and they will give you the location where its at so you can go and pick it up. Also advised that I ask if they ( Santander ) could do a Take Back where they can bring the vehicle back to me. Moreover, XXXX XXXX said it sent XXXX the Order To Repossess that it received from Santander, implying that XXXX did not verify the XXXX holder before it assigned the vehicle for XXXX. Santander stole my vehicle on XX/XX/XXXX. I asked Santander Consumer USA many times to provide documents supporting that I owed Santander money, and it had the lawful right to repossess my vehicle. And each time, my requests were ignored. I called Santander constantly about this matter, Santander never called me to collect a debt they claimed that was owed to them. Also, Santander Consumer USA would hang up on me, which is strange behavior for a company that claims a debt is owed to them. Also, there is absolutely no credit reporting on this account. So how did Santander make its determination of delinquency? Also, I was told by several Santander USA employees that this was a closed account. And there was nothing there. Again Santander stole my vehicle on XX/XX/XXXX. I have the title and several other documents, including the lien satisfaction letter showing that the lien was satisfied thru Gateway One Lending & Finance on XX/XX/XXXX. Santander USA acquired XXXX in XX/XX/XXXX, and Santander admitted in its CFPB response dated XX/XX/XXXX, that it had my Title since XX/XX/XXXX. Santander fraudulently withheld my title for 1 year and 4 months before fraudulently releasing the original title to XXXX XXXX on XX/XX/XXXX. Santander knew that Im the rightful owner, which explained why Santander feigned to review my CFPB complaint on XX/XX/XXXX, and on XX/XX/XXXX, had my vehicle transported across state line to an undisclosed location. Santander provided no notice of the vehicles location, nor date or time of auction. Also, Santanders more than two month delay to sale my vehicle confirmed that Santander was not the lien holder. Strangely, Santander on several occasions asked me to send them a copy of my title. If Santander had the title since the inception of this matter, why would Santander ask me to send it a copy of my title? I say the vehicle was allegedly sold because Santander could not sale or dispose of the vehicle since it did not hold Title to the vehicle. Santanders actions against me were for the sole purpose of intimidating and extorting money that was not lawfully owed to Santander. On XX/XX/XXXX, My insurance provider contacted XXXX in an effort to locate my vehicle. XXXX said the vehicle sold and XXXX would have to contact Santander about the vehicle, XXXX called Santander and was given the run around before Santander advised XXXX to call XXXX Solutions. XXXX called XXXX who advised that they were assigned to do the Repossession Claim, but was unable to pursue the claim since the account had a Zero balance and I am the Title Holder. But Santander undeterred, fabricated and executed its own repossession claim as evinced in the XXXX XXXX dated XX/XX/XXXX. Santander STOLE my vehicle on XX/XX/XXXX. Santander lied to coverup the unlawful repossession and breach of the peace. Santander LIED in its CFPB response dated XX/XX/XXXX. And Santander LIED in its CFPB response dated XX/XX/XXXX. Also, Santander fabricated a request for protections afforded by XXXX. And Santander continued this LIE in its letter dated XX/XX/XXXX. Also, XXXX XXXX continued this LIE when he sent the secured message dated XX/XX/XXXX. As indicated by their lack of responses to the CFPB, Santander never intended to resolve any issues raised by the Complainant. Also, I noted in my conversation with XXXX dated XX/XX/XXXX, XXXX said the record indicated that the complaint resolved. Santander Consumer USA never addressed my CFPB complaint filed on XX/XX/XXXX. Nor has Santander made any efforts to resolve this CFPB complaint.
03/06/2018 Yes
  • Debt collection
  • Mortgage debt
  • Took or threatened to take negative or legal action
  • Seized or attempted to seize your property
  • GA
  • 30094
Web
XXXX XXXX XXXX XXXX VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of LEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. Illegal documents have been filed against me and my home, the property I own at XXXX XXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA , COUNTY XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX County Georgia, being Lot XXXX Block XXXX of XXXX XXXX XXXX as per plat thereof recorded in Plat book 33 page 194-199, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX OCGA 44-7-1, 44-7-2 ,44-7-3,44-7-5 XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX County Court, and had no objections to Exempt From Sale and Levy Court Order or Bankruptcy. XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or Specialized Loan Servicing resulting in two court orders 1.Exempting the property from sale and Levy and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, Specialized Loan Servicing, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX Grantee party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power. ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE. The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. XXXX Magistrate Court Judge suggested I report the crime to XXXX Law Enforcement and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge. Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title. ( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact. What Is Theft by Conversion in Georgia? Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. What Is Considered Personal Property in Georgia? According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property. Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. Is Theft by Conversion a Felony or Misdemeanor? The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. What Is the Punishment for Theft by Conversion? The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine. Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions.A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process. O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud. O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words. ( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. XXXX XXXX OBJECTS XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX. SPECIALIZED LOAN SERVICING AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING XXXX OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. O.C.G.A. 11-9-201. General effectiveness of security agreement. ( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. ( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing. Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored Manor Homes Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX XXXX XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX , BXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Specialized Loan Servicing, the responsible attorneys I believe to be a XXXX XXXX XXXX XXXX XXXX attorneys for the firm XXXX XXXX XXXX. 11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX County Court Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request. O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question. ( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq. 12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. 13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True. 14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. 15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record. Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators. ( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter.. ( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. ( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. ( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery. ( h ) Uttering a Forged Instrument. ( i ) Accessory Before the Fact in Uttering a Forged Instrument. ( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort. Fraud. ( l ) Encumbering Property with Intent to Defraud. ( m ) Passing Forged Instruments. ( n ) Attempted Fraud. ( o ) Using the Mails to Defraud. ( p ) Securities Fraud. ( q ) Conspiracy to Defraud the Public. ( r ) Transporting Stolen Property. ( s ) Obtaining Money by False Pretenses. ( t ) Malicious Trespass. Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully. O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud. ( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one. ( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them. ( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21. ( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon. ( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract. ( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years. ( gg ) Forgery of Public Documents. ( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia . ( kk ) State of Georgia conviction for forgery. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). The XXXX Circuit in XXXX v. XXXX, XXXX XXXX. Appx. XXXX ( XXXX Cir. XX/XX/XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a XXXX as the offense involved forgery and was fraudulent in nature. ( ll ) Attempting to Obstruct or Impede the Progress of Justice. ( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617. ( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. ( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX v. XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover. XXXX lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX XXXX XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND LEVY COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS EVIDENCE.XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM PARTIES XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SPECIALIZED LOAN SERVICING XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note. 2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document. 4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked. 5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document. 6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist. 7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship. 8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing. 9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively. 10. Certifications must be based upon personal knowledge and
06/13/2022 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Incorrect information on your report
  • Account information incorrect
  • MS
  • 38655
Web
LEXISNEXIS/XXXX XX/XX/2022 To whom it may concern, My name is XXXX XXXX XXXX and Im writing you this because I was recently thumbing thru my Consumer report the other day & realized that the information provided on my Consumer report is inaccurate. *XXXX Account number XXXX is in violation of 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; And is in violation of : 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Also is in violation of : 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also is in violation of : 15 U.S. Code 1681d - Disclosure of investigative consumer reports ( a ) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 1681g ( c ) of this title ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( 1 ) ; and ( B ) the person will comply with subsection ( b ). ( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later. ( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ). ( d ) Prohibitions ( 1 ) Certification A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report. ( 2 ) Inquiries A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation. ( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished. ( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information. Also is in violation of : 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Also is in violation of : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. = damages on business loans because of the information you provided on my credit report Also is in violation of : 15 U.S. Code 1681- Congressional findings and statement of purpose ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. Also is in violation of : 15 U.S. Code 1602 - Definitions and rules of construction ( l ) 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. Also is in violation of : 15 U.S. Code 1640 - Civil liability prev | next ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or Also is in violation of : 15 U.S. Code 1635 - Right of rescission as to certain transactions prev | next ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. ( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. Also is in violation of : 15 U.S. Code 1681e - Compliance procedures ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1601 - Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. Also is in violation of : 15 U.S. Code 1605 - Determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. ( 2 ) Service or carrying charge. ( 3 ) Loan fee, finders fee, or similar charge. ( 4 ) Fee for an investigation or credit report. ( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. Also is in violation of : 15 U.S. Code 1635 - Right of rescission as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section - *XXXX Account Number XXXX is in violation of 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; And is in violation of : 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Also is in violation of : 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also is in violation of : 15 U.S. Code 1681d - Disclosure of investigative consumer reports ( a ) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 1681g ( c ) of this title ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( 1 ) ; and ( B ) the person will comply with subsection ( b ). ( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later. ( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ). ( d ) Prohibitions ( 1 ) Certification A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report. ( 2 ) Inquiries A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation. ( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished. ( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information. Also is in violation of : 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Also is in violation of : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. = damages on business loans because of the information you provided on my credit report Also is in violation of : 15 U.S. Code 1681- Congressional findings and statement of purpose ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. Also is in violation of : 15 U.S. Code 1602 - Definitions and rules of construction ( l ) 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. Also is in violation of : 15 U.S. Code 1640 - Civil liability prev | next ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or Also is in violation of : 15 U.S. Code 1635 - Right of rescission as to certain transactions prev | next ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. ( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. Also is in violation of : 15 U.S. Code 1681e - Compliance procedures ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1601 - Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. Also is in violation of : 15 U.S. Code 1605 - Determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. ( 2 ) Service or ca
08/28/2019 Yes
  • Checking or savings account
  • Checking account
  • Closing an account
  • Company closed your account
  • MI
  • 48125
Web Servicemember
To Whom It May Concern, After marrying United States XXXX XXXX XXXX XXXX in XX/XX/XXXX, my husband and I naturally choose to open a joint checking account in XX/XX/XXXX with his already existing USAA account. We made the call together and answered all of the questions that were probed. My husband is the primary account contributor and account holder as I have a different bank. All was well until I received a call from USAA on XX/XX/XXXX during my lunch break at work. I thought this call was in regards to a flood claim that was denied, but the representative stated I had some missing information from my membership profile. I thought the call was very odd as they were requesting some personal financial information ( estimated net worth, annual income, etc. ) that was required by the Patriot Act that I answer. I was worried it was a scam so I decided it would be best to call them myself the next day. I first looked specifically at the Patriot Act ( 2001 ), Bank Secrecy Act ( BSA ), and Gramm-Leach- Bliley Act ( GLBA 1999 ). I learned two were designed after XX/XX/XXXX to help detect terrorism, money laundering, and illegal activities and the other to protect financial privacy. Turns out all that is required under Section 326 : Verification of Identification of the Patriot Act is : Name, Date of Birth, Social Security Number, ( to confirm they are a US citizen ), Address, and comparison with government lists of known/suspected XXXX activity ( usually referred to as banking systems ). This is in addition to record keeping as a requirement of the Treasury. All of which are used to verify the identity of the personwhich is understandable and I agree necessary. Yet, nowhere does any federal regulation however require financial information, despite USAAs claims. All of the following summaries below were direct recorded conversations, and I am willing to share them if needed. I am hoping to get confirmation that this information is required by federal law, and if it is not, I would like to take legal action against USAA as I believe it is a violation of my financial protection rights. What follows is quite extensive, but felt it imperative I be comprehensive. On XX/XX/XXXX I called USAA myself to confirm their claim. The agent demanded the information was required by federal law by the Patriot Act and Bank Secrecy Act and that I was required to answer the personal finance questions. I was informed if I did not answer the questions the account would be closed or our assets frozen. I was confused why the needed information was not gathered when we opened the account and was uncomfortable about the questions as it didnt seem it was a federal regulation, so I requested to speak to a manager. The following conversation was with XXXX, of the executive resolutions team, as the senior advisor at USAA : I enquired, did I sign your privacy notice? After we determined it is never actually signed, in regards to my privacy, she checked and confirmed my privacy preference is share. I asked, What changed where you are now required to get my information since you didnt get it before as it is required by federal law? Or is it not required and this is just something that USAA is doing? She replied, No this is something that is required for secondary account holders by the federal law. So I inquired, When we opened the account you claim we used the primarys ( my husbands ) information and that has been sufficient for the last year. This isnt my primary account I have a different bank. So why all of the sudden now are you threatening to inactivate our account if I dont give you this information? If it wasnt required before what makes it required now? The only answer Ive gotten is that it is federal law ; so either you werent compliant with federal law and are now being required to get the information, or it is for your own interest. I would like to know what those interests are, what you are going to do with this information, if you are going to be sharing any of this information, or using it for rates or other data then I am required to view the privacy notice for you to do that. So I am confused. As I was not the primary account holder, I was told I was not allowed to get access to the information we provided when the account was opened. I would have to wait for my husband to be present. In the meantime, I reached out to my personal bank on XX/XX/XXXX. They advised me NOT to share this information as it is not a federal law and could be shared. I decided to take another step further and speak to XXXX XXXX on XX/XX/XXXX, another Federal Bank to see if this information was indeed required by all other banks as USAA claimed. I spoke to manager XXXX and the conversation went as follows : I wondered what questions she would be asking us or what information would they need to open a joint account and she stated, IDs, maiden name, SSN, DOB. While they may have different policies, as for it being a law, all banks would be following it, as far as I know it is not considered a law. Even if there are financial questions that we may ask you for loans, credit card, or investment accounts, they are up to you if you want to answer. This confirmed my research that it was not a federal requirement. Later the same day of XX/XX/XXXX, when my husband was home, we spent two hours on the phone to try and get some answers. First, was with USAA agent XXXX. In summary we challenged why this information wasnt provided when the account was opened, this was due to periodic reviews of accounts, the accounts who have not answered these questions are being notified they do need to answer the questions. We had wanted to view the paperwork when the account was opened, but she did not have the information because, we do not have that information to see. It is at the back office where they opened the account. We insisted to be transferred to them stating she would be right back with us. We waited on hold for over 45 minutes, with no answer and never spoke to her again. On our next attempt we decided to call as if we were opening an account to see how that department would answer our questions. After talking to USAA representative XXXX, we were told I should be able to access any information even though I am not the primary contrary to what I have been told prior. XXXX stated we have to ask financial information as all banks do. After waiting on hold for another 10 minutes for him to review the notes, and the nature of our call he stated again, I do not have access to see the information or the answers that were provided when you opened the account. I work in XXXX and XXXX in XXXX XXXX XXXX. He did confirm that he was asking those same questions when accounts were being opened now : annual income, estimate net worth, occupation, etc.. He stated there are other regulations that require income information under customer due diligence under regulation D and various banking regulations. He was not able to send me information about due diligence so we were conferenced in to Senior with Executive resolutions XXXX ( CEO member relations? ) : XXXX tried to assist us in trying to figure out what information we provided when opening the account. She stated, let me explain to you whats going on. You would not have gotten this information when you opened your account. There was an enhancement to the Patriot Act last year [ XXXX ]. So, this year, all the banks have to comply with the enhancement of the Patriot Act. So those questions like your employment, your income, things like that. So those are a federal regulation now that banks are required to collect this information as part of the customer due diligence information to better get to know your customers ( KYC ) due to all of the terrorism, and things like that going on. We stated we thought we answered our annual income and other questions when we opened the account. She stated each person on the account needed to provide separate information even though we were married. XXXX directed me to the FDIC.gov website to search Customer Due Diligence ( CDD ) which I did. I told XXXX that my personal bank advised I do not give this information as they were not required to and she stated, well they will be. This is a federal regulation that went into effect. XXXX confirmed we started asking these questions this year, but the law went into effect last year so the banks now have to go in and get this information from account holders. I told her all that I could find in regards to the laws were name, date of birth, SSN, and she articulated, It will state other information on that website regarding the customer due diligence where you can ask certain information. On the website I saw nothing even closely related to financial information being required on the CDD update. We repeated to request to see what information was given upon opening of our joint checking account before we add to anything, in hopes to make any information accurate and true. XXXX then stopped answering our questions, and transferred us again to the back office that never answered the phone while hanging up. We waited on hold for 15 minutes to no avail. The final call, was still on XX/XX/XXXX, was the checking department where we spoke to representative XXXX. Irritated she also couldnt access the information we provided when we opened our account so we could verify what information we already provided. I educated her this information was required by the Patriot Act to be kept and maintained for 5 years. We were then compelled to be transferred to specialist XXXX for the next hour about the KYC and CCD questions. We exasperated explaining we were trying first to confirm what information they already had before adding more to it, then trying to better understand their requirement as it was not a federal law to provide financial information under the BSA, Patriot Act, or Due Diligence update. The conversation with XXXX on XX/XX/XXXX went as follows as is quite lengthy : I dictated Are you filing a SAR? I am not comfortable sharing the information as it increases my risk of identity theft, a data breach, you can share the information with credit bureaus, internal marketing, external marketing, joint marketing, and affiliates. I have not been told how this information will be protected, or how it is shared, or how you secure the information. I have been told I can not opt out, and it is a violation of the Gramm Leach Bliley Act of 1999 [ nor had I seen a privacy notice for XXXX ]. Until those questions are answered for me this is not allowed. She rudely exclaimed, So I will first say the majority of what you say is incorrect. It is absolutely required under the BSA and under the Patriot Act. Any large bank by FDIC regulation is required to abide by these laws. I agreed these are federal laws, but that financial questions are not apart of those laws. She stated, Yes they are Maam. I quoted section 326 of the Patriot Act, and she ignored it. She was able to confirm in the notations that they had my employment information, physical address, your social security number, date of birth, citizenship, and your full name. That is what we have on file. I stated that my annual income is not a requirement of a federal law as they are already able to verify my identity by the Patriot Act. She stated, yes, it is a requirement and I will agree to disagree. I requested to speak to legal to learn how they will protect and share and secure the information and opt me out of sharing. Id like them to show me the privacy notice from this year or you are not getting the information. I would like to speak to legal to hear on the record what they will do with the information to protect and secure it and opt me out of sharing or I am not going to answer. She replied, okay then your account will be closed. Our legal department does not reach out to customers regarding this matter because it is a standard matter and you absolutely are required. I stated, no other banks Ive spoken with are requiring this information and that is not true. She stated, that is it true and I dont need to speak to your banks as that would be a waste of my time. This conversation is not productive and you have received the same information from five different people. After threatening to end the call, she exclaimed, you have your opinion and it is not factual. I apologize if you disagree but that is not going to change the federal regulations. Instead of her ending the call, I stated there was something else she could help with in regards to why if this requirement came out in XX/XX/XXXX, why we werent asked upon opening the account in XX/XX/XXXX. She held there was an internal audit around the time we opened our account and found there was information that they did not have on file as I have already told you. It did not go out in mass issue to members as it would have overwhelmed their system and call volumes. It has just taken this long to get to my name. They have to go through all of their records from the XXXX, XXXX, and XXXX and so yes we have had to do that in groups. We had her confirm once my husband was on the phone that he had already answered the questions they have everything that they need on file for him but was not able to determine when or how he answered the questions. My husband calmly stipulated are the questions different for my personal account because I thought when we opened our joint account, we did it at our combined income levels not separate. She simply said yes, so we reiterated, if they have the combined income of mine and hers together as one number, we needed access to it so we could separate it properly, instead of adding more to it which would change our risk factor. She detailed we can not have a joint answer for two people. However, she was not able to confirm what our annual income was for the account. I do not see it in front of me it is in the back-office records. I was troubled saying, if I gave you my annual income now, it could be potentially adding it to the joint income they may already have which wouldnt be accurate for the federal government She informed us, Their records department is a non-member contact, which is why you never got a response from them as they do not accept phone calls, they are a back office department. We tried to explain we had already been transferred to them twice today and she declared she didnt know how and she couldnt speak to what has happened on previous calls. We stated again we needed to either give us the information that is on our records right now, or we have to update them both together. XXXX described, what I update will just go through the system to records and add to it. There is no way to remove it even if he were to call and change it. No so these are general questions. All these are for it to be sure we can do mitigate risk and be sure that we can do risk monitoring for our members activity. Thats all it is for. So, we corroborated if we gave you the wrong information and were put into a different risk bracket that was going to be a problem. XXXX held, So no, you are misunderstanding what I am saying sir. We do not put you into brackets based on risk factors or anything like that. All it is, is to know if a member makes XXXX-XXXX and a wire comes in for a XXXX dollars that looks strange. That is all it is for. Just so we can have a gauge. Kind of a point a perception to go off of, a point of reference that is literally all it is. We stated in order to do that accurately, we would need to update our information together to separate it. She alleged, we do not have a way to update it, and my husband verbalized, then that is a problem for you not for me. She threatened, not necessarily because if you refuse to provide this information your account will be closed. I can not change an existing number ; I can input new data into the records system that is a form on your profile that is personally attached to you. It then gets sent to our back office for them to file. I can not change his because there is no place to input it. As we expressed concern our direct deposits would be leaked into the account the following week she voiced, I could not find exactly a turn around time for when we needed to move our money out before the account closes. What I would have to do would be to put in a work order to the back office stating that you are refusing to answer the questions. Then at that time they review the account for closure. They would send out an official check with the remaining funds. The team that handles this, [ the MOET team ], it is not records. All direct deposits would be rejected go back to the sender, or if it is within a day or two it could force reopen it if it had not closed completely but usually goes back to the sender. Due to the inconvenience, my husband verified there was no way we could opt out of this, and she expressed, no sir it is a federal regulation. I struggled to get her to conference us into the MOET team who was handling this situation as seniors in the bank, however after being on hold for 20 minutes, she was not able to contact them. XXXX exclaimed she could no longer spent any more time with us to be available for other customers. She confirmed they were very backed up due to all of this going on and it is not a large department. I was frustrated that we would not be able to contact them ourselves and therefore our account would be closed. She confirmed there is no way to contact them by email, by direct number, or any other format by her understanding. This is because they do not use email for secured information. Consequently, on Saturday XX/XX/XXXX I realized the need to escalate the complaint so I could have someone call us back since the MOET team was not easily available before the account would be closed. A representative, XXXX, with the Executive Resolutions team, helped me to file a complaint and I was told I would be getting a call back from the CEOs office. She once more confirmed the information is used for banking regulations under the Patriot Act and passed in XXXX after XX/XX/XXXX. When it comes to the Patriot Act it advises us as a financial institution just making sure we are doing our customer due diligence we have to know who our customers are. That is ensuring that we know the individual that is with us here at USAA and what they are using the front for. If someone is using the account as money laundering or transferring money to foreign countries. So that we are not letting people move money around that shouldnt be moving money around. If we do not know our customers enough, you can be asked again and re-verify the information periodically to verify it is still accurate and on file. I reaffirmed in regards to due diligence we didnt have any foreign accounts, and my personal account was not at this bank, and my husband is the primary account holder for the joint checking account which they have his information. I confirmed no other federal banks are requiring these questions. I quoted the GLBA and that our last privacy notice was in XXXX and that was a concern and we are not being given the option to opt out. I tried to express my concerns of using the federal government phrase when it is not a federal requirement, and that it was a serious compliant. She agreed that I should speak to the MOET team. I articulated again they do not answer the phone and she agreed it is a busy department and that you have to wait as they are working overtime. Therefore, I was concerned it wouldnt be resolved in a timely fashion. In my attempt to reach the quality department no one answered again. I was confirmed the CEOs office would contact me within one business day after confirming my phone number on Saturday. Two businesses days later on Tuesday XX/XX/XXXX, I conversed with XXXX from the CEOs office. I gave her a summary of my complaints that our documentation when the account was opened can not be verified, changed, or updated, thus denying us to potentially separate our incomes into two separate numbers. I explained the MOET team could not be reached. I also expressed concern about their requirement to answer the income questions as they are not a federal law for income information as I do not have a loan with them and am not a primary account holder. I told her I didnt appreciate being treated like trash, and be threatened to close my account stating it is a federal law when it is not. Intimidating people to answer questions when the federal government does not require income information and canceling accounts is a huge problem. XXXX stated she was trying to figure out when the account would be closed, but is still waiting from a response from the MOET team. She claimed, It is our current policy and our hands are being tied due to federal guidelines that are forcing us to change and ask these specific questions. I also know that if these questions are not being answered the account will more than likely be closed. They can inactivate the account and in other instances it will be closed. In order to get us into compliance we are being instructed we have to ask this. I requested, to see something official in a document file. I requested to see the policy by email or by mail. I stated that I would like to see that where it specifically asks for income information. She stated, she does not see them written down specifically to ask income questions. I inquired, then how do you know that as a fact? She admitted, I am still waiting for answers. As far as closing accounts we are covered by our depository agreement to do that. That has nothing to do with KYC and that they are closing accounts and inactivating them if the KYC isnt answered. She summarized my concerns and stated she would get back to me with hopefully answering all of my questions. On Thursday XX/XX/XXXX I got another call from a different USAA representative trying to get me to answer the questions again. They stated they will call again in five business days, and then proceed to close the account if I do not answer the questions. She was unaware of the investigation in XXXX office. Later in the evening on XX/XX/XXXX, I spoke to XXXX for the second time. She stated they still will not tell me what the answers were upon opening our joint checking account. They will not update his information unless there was a new product that was applied for and that they will remain there unless a new product is applied for. I postulated, why can they not answer what they are? Do they not have the questions or the answers when the account was opened? Why cant they tell you? It concerns me they do not have them, which is a federal regulation of the Patriot Act they keep them on file. You said the information is under his [ husbands ] primary account. It is unacceptable they cant prove or say what our income is, but that they have it on file, how do they know what they have? It is my legal right to know what I answered, and you are telling me no that I cant have the information. She confirmed that my husband was asked CDD questions this XX/XX/XXXX through the USAA app detour. However, she does not have access to the questions and has been having computer problems all day and her co-worker never supplied them as requested. In regards to what document stated they need to ask income information, she specified it was under the CDD guidelines from the XX/XX/XXXX amendment in the four specific guidelines. She stated she could not distribute the internal document that requires it but did pass legal review and compliance. That is what they are using to fulfill the requirements of the four CDD guidelines. The privacy notice she stated was listed on the USAA website and was revised in XXXX and it has not changed since then, but it is delivered annually and it does state they collect income information. My guess is that is still the current privacy promise and it has not been updated since then but I will verify that. If the privacy promise hasnt changed the revision date it would be the last time that it was revised and therefore is the same. I questioned why the year wouldnt be changed for the new year ( XXXX ), and she stated it didnt need to. I was concerned by this because they are now collecting new income information but it didnt require any changes. XXXX verified that we did not answer the questions when the account was opened. I questioned this fact as she does not have access to those and has no idea what was actually requested or answered. This was because she was still trying to get that information from the MOET time. She admitted she does not know. I repeated until we know for sure, I do not want to add to a joint income balance, we can not proceed. If they are refusing to give it to her then thats a problem. In regards to the CDD questions, we determined they make up their own policy which I am not allowed to see stating that it requires income information. I recapped it applies to a USAA policy and is NOT A FEDERAL REQUIREMENT OR LAW. XXXX reasoned, when a regulator comes to look at us and asks how are you complying with the CDD guidelines that were outlined, we present them with the CDD questionnaire, period. That is how it relates to the CDD guidelines. It is our internal process and policy due to the government requirement. I argued, the government does not require everyone to answer income information. That is not true. Your institution is requiring that by yourselves. It is not a federal guideline to obtain income information for a joint checking account. Or for any account. Your bank is determining that and doing it all by themselves. Which, granted, you are compliant because you are getting name, DOB, and SSN which is all that is required. You are just going above and beyond thatwhich is fine if you want to. However, stating it is a FEDREAL LAW for me to give it to you is not the case. It is not a federal law for me to provide you my income information. There are laws that protect my financial privacy and I do not have to give it to you, which is why you can close my account and I can go somewhere else. If it was a federal requirement, I would be required at every other bank, which I am not. I spoke to six of the top bank executives in this country that are bigger than you and it is not a federal regulation. So, by you threating people and telling them that it isis a problem because it is not. Even when they called today, they said the same thing. USAA is requiring it, but it is not a federal law. She alleged, so that we comply. I repeated, it is required that you comply by confirming my identity with name, DOB, SSN, and address, running it through your banking system, and with my occupation. That is more than enough to verify someones identity which is all that the CDD requires. Your bank is going outside of that and getting income information. This is fine like I said, but it is not a federal requirement for me to specifically give you my income ; it is not. She finally admits, no it is a requirement of USAA in order for us to meet the guidelines. I again, it is not a federal requirement, it is USAAs requirement. I told her I had a screen shot on my phone it was a federal regulation, it is not. Do you understand? It is a problem. It is your regulation and thats it. It is just yours. She says, so we are in compliance with the federal regulation and the CDD requirements. I strained to clarify, we have been in compliance with you since we opened our account. Stating that if we dont answer the questions, we are not is a lie. And threatening to close my account with you is also a problem because you are stating it is a federal regulation when it is your regulation. Those are two very different things. You are still in compliance even if you were to take the income information out. She says, well not when our policy states that we have to obtain that information, we are not in compliance. I enlightened, even the OCC that regulates you doesnt require that. I could understand that you could close our account because we didnt meet your policy guidelines, thats fine. But telling me specifically it is because it is a federal requirement is not the case. It is not complaint with your policy and your policy alone. We tried to go over it again. I replicated, It isnt because I am not being federally compliant with the law like you are claiming, it is that it is compliant with USAA policy, not the federal government. By you telling me it is a violation of the Patriot Act is not the case. By you telling me it is a violation of the BSA is not the case. By you telling me it is a violation of the XX/XX/XXXX CDD is not the case. Because those are federal laws. There is nothing in any of those laws that specifically require income. It does not exist. That is USAAs policy not the federal government. So by all of these conversations I have on recordings of you telling me that, all the screenshots, and documents, is a big problem. When asking about reaching out to legal she assures me, So legal has already went over our questions I was flustered, okay, are they aware that youre telling people it is a federal regulation for me to answer my income questions? If they were, they would be fixing it immediately as it is a USAA policy. I dont understand why you cant just say it is a USAA policy? Why are you throwing words around and trying to include the federal government when it is none of their business to ask me those questions. Are they aware you are asking them? Because the OCC was concerned [ I spoke to them on XX/XX/XXXX ]. Are they aware of that? That you are telling customers it is a federal requirement by the Patriot Act? No other big banks ask those questions, just you, because it is your own policy. She stated, I am understanding. For additional confirmation, I called XXXX XXXX XXXX on XX/XX/XXXX as they are the second largest bank in the United States with assets worth {$2200.00} XXXX dollars in XXXX so figured it would be a worthy source. I spoke to XXXX, she stated to open a joint checking account they would need, license, 2 forms of id ( government and personal ), type of account, SSN, address. I have worked for the bank for 38 years and we have never requested income information. We do not ask net worth or income as it is not a government regulation. I can assure you if it was XXXX XXXX XXXX would be doing it. This was encouraging that asking personal financial information was indeed NOT a federal regulation. This was further established with two other local banks in my area to provide some additional ease. On XX/XX/XXXX I spoke to XXXX of MI, OCC, and confirmed with CFPB, and MI Attorney General there is no requirement for financial information and each suggested I file complaints. I followed up with XXXX on XX/XX/XXXX and XXXX. She confirmed we have private settings, our account won't be closed until XXXX, but was unable to find any information from when the account was opened. She stated there were no issues with their privacy notice or way they are doing things and was approved by legal and compliance. I request help. I feel what USAA is doing is a violation of Section 326 of the Patriot Act, Record Keeping, and the GLBA. I am not comfortable with how they have conducted this process, and feel as though they are intimidating people to sacrifice their private financial information by manufacturing it is a federal law. To my knowledge we do not meet any of the BSA requirements that would make us candidates for filing a SAR. In recent legal cases vs.USAA in XX/XX/XXXX I want to make sure this is allowed and is not similar violation
11/22/2020 Yes
  • Vehicle loan or lease
  • Loan
  • Getting a loan or lease
  • Changes in terms mid-deal or after closing
  • OH
  • 45414
Web
This complaint involves myself as the retail-buyer of a XXXX XXXX XXXX XXXX ( est. XXXX miles at the time of purchase ; included only basic features : two power windows, a sunroof and CD player ). A 'XXXX dealership ( herein referred to as the Dealership ) in Ohio was the seller/creditor and was also the location of the credit sale. CPS, INC was the purported assignee who purchased the named Retail Installment Sale Contract/Simple Finance Charge ( herein referred to as installment contract ) at issue. CPS is an unlicensed fictitious business entity in the State of California and unlicensed as a foreign entity in the State of Ohio and conducts business interchangeably as or with the name : Consumer Portfolio Services ( herein wholly referred to as Consumer Portfolio Services ). The crux of this complaint boils down to : the formation of this installment contract ; being misled into contracting for this credit sale and the unrelenting illegal enforcement of the same thereto as a result of : intentional misrepresentations ; undue influence ; unilateral mistake ; unconscionable, unfair, unequal bargaining power/contract terms/treatment ; economic duress ; frustration of purpose ; breach of warranty ; material breach ; violations of Consumer Protection Act ( Dodd-Frank Act ), Truth in Lending ( TILA ), the Gramm-Leach-Bliley Act, the Equal Credit Opportunity Act ( ECOA ), Unfair and Deceptive Acts or Practices ( UDAP ) and Fair Debt Collection Practices Act ( FDCPA ) in relation to the advertising, offering, bargaining, financing, servicing and overall enforcement the purported installment contract at issue. BACKGROUND I am aware of this complaints length, but I am submitting it in good faith and I dont intend for any part to appear repetitive, but I needed to articulate my claim in a manner that made this complaint well-received and for the most appropriate relief. Therefore, I ask that you refrain from presupposing it as some acrimonious tangent against some company. Rather, this complaint affects the public at large because I am certain I am not the only one that has or is going through this what I am with the company at issue. I did not want to leave any element out, as I was concerned that if I failed to address everything in this complaint that I might waive the opportunity to do so later. Therefore, as a background for my complaint I assert the following : In the year XXXX, in my XXXX I regrettably filed bankruptcy for the first time ( for debt totaling - $ XXXX ). Soon after filing, I received and answered a direct mailer advertisement from the dealership offering to help me reestablish my credit with favorable terms and stating no matter my past credit history ( e.g., bankruptcy, repossession, divorce, etc. ). I was not hard pressed for a vehicle at the time. I was a single mother of XXXX children and a XXXX XXXX for the State. I would drive 90 miles a day in my SUV. Being the only income provider economic stability was important, so acquiring a more gas/money saving vehicle and being able to rebuild/reestablish my credit were two attractive selling points for me. I thought that I was in a good position by not being desperate to buy a new vehicle, because I viewed the lack of desperation as a plus in my buying making decision and protecting my interests. THE NEGOTIATION PROCESS WITH THE DEALERSHIP At the dealership, I was originally steered towards purchasing brand-new vehicles, which I firmly refused because I could not afford it. I was shown a limited selection of used vehicles, which had no visible price displayed on them. I could never receive an immediate direct answer by the dealership regarding the sale price for any one car, because not realizing it -- -each car was tied to a specific finance offer according to my credit, income, etc. and whomever would offer the financing I was ready to leave when I saw the XXXX XXXX XXXX XXXX which became the subject matter of this installment contract. I test-drove it ; I was offered to keep it for a couple days, but I declined. From here, the dealership told me they would call me to offer the financing terms. MANUFACTUTRED & PURPOSEFUL CONFUSION IN RELATION TO CONTRACT TERMS INTERPRETATION The dealership called and offered me terms with the payment amount nearing $ 500/a month and gave vague mentioning to just a couple other terms. I rejected the offer and told the dealership that the monthly payment was too high and I could not afford it. The dealership qualified me for too much, but I knew my limit and thanked them for their time. The dealership immediately began to haggle posing the question Well, what payment amount would you be comfortable with? I told the dealership and they contacted me later to present a new offer with a new lower monthly payment amount now set at XXXX XXXX a month, but now needed a {$500.00} down payment. I provided a provisional intent of acceptance to this offer over-the-phone to the dealership. However, having been unfulfilled with this phone conversation when time came to return to the dealership to consider finalizing the transaction I had and indeed asked numerous questions. But here is the kicker : I must ask a lot of questions in most situations financial or otherwise because I have a documented XXXX XXXX. My XXXX XXXX has nothing to do with my intelligence, but I require more context clues ( i.e., thoroughness in explanation ) and I must ask several questions to grasp a fully comprehensive level of understanding, especially when the information is not familiar. Unfortunately, the dealership who believed that my coming back meant that the deal was all sewn up was irritated by my various questions about the transaction and eventually left me alone in a room for an extended period of time, which I assume was to place me in a so ready to leave state to the point that I would agree to anything just to be able to sign and leave. This was not the case for me. I always maintained and had my questions to ask them. PRE-FORMATION ANALYSIS OF INSTALLMENT CONTRACT TERMS I had never seen the words RETAIL INSTALLMENT SALE CONTRACT / SIMPLE FINANCE CHARGE before. I asked the dealership if I was making payments or installments?. The dealership told me both.XXXX-month term, with equal monthly installment payments, at {$360.00} a month, all fees and finance charge included. I was floored when I saw the length of the contract term XXXX installments/months. This was substantially longer than the contract term provided to me via our previous phone call regarding the offer/terms ; the APR ( 19.45 % ) was omitted during our phone, and I was equally just as surprised seeing the APR rate as well. At this point, I rejected the offer because it had lost its value once again. Everything just seemed to keep changing, despite the dealerships attempts to make everything seem straightforward. I was there for a vehicle and the financing was a consequence to the sales transaction. I was not expecting the red-carpet treatment after a bankruptcy, but assuming anything could happen in-between signing and XXXX months ( XXXX years ) down the line I needed to be comfortable with the finance terms based on my ability to pay and any worse case scenario. This was an integral part of conducting the transaction, and if not for the representations and warranties promised to me the vehicle would not have mattered anymore and I would have simply went to another dealership or have waited for another time later to finance with the credit union, etc. Nonetheless, the dealership explained that the length in the overall financing term had to be stretched-out to get me to a lower monthly payment amount. At the time, due to my ignorance I did not know that the length of time for financing mattered just as much as anything else if not more ( i.e., time value of money ). I argued next about the high APR, on grounds that I had just filed bankruptcy ; therefore, no longer had any debt, so I did not understand why the APR needed to be that high? And I negotiated to have it lowered. The dealership noted that they worked like a dog to get me the best deal. The dealership said that they could not change it that day, but promised that the company being assigned the contract would take care of me and adjust/lower the APR to get me at a better rate and lower payment amount. The dealership reinforced this warranty by pointing to a clause on the very front of said installment contract which stated The Annual Percentage Rate may be negotiable with the Seller as a reassuring reference point to me. In general, the installment contract was explained in a hurried manner. The contract itself was on a huge, long, busy, and purposely distracting form ( 8.5x 24 inches long ) and I had difficultly following along with it. There was absolutely no way to change this adhesive pre-printed LAW Form No. XXXX XXXX XXXX XXXX Retail Installment Sale Contract form. The contract was printed on a 3-5-page carbon copy form and the dealership used a dot matrix printer to print it, and the installment contract was already printed when I arrived. I asked and required more thorough explanations/interpretations for most of it, especially at the very least for the provisions I was bombarded from clearly seeing by the dealerships finance/insurance representative due to his hovering over the contract citing that he was trying to be thorough. The only contact I had with the installment contract was my actual placement of my only two required signatures on the very front. Whats more, whether the dealership hovered over that oversized contract or not they could have given me the installment contract ( prior to signing it ) to hold for a week it would not have mattered. Take the numbers and the signatures out the equation and to this day I still do not understand most of the boilerplate terms which are an essential part of any agreement and affect the rights and/or benefits under the agreement as much, if not more, as any other terms. Boilerplate terms can be negotiated in the same manner as all other terms in an agreement, however, when you dont comprehend wholly the context of a contracts terms but ask for the contract presenter to explain the interpretation because this is their field of expertise and they should know only to be told and agree to one thing and later the contract be enforced a completely different way is monstrous. Nevertheless, I never met the people at the dealership and as a person who does not think that way would hate to live believing that everyone was lying to me on approach. I was not nave per se. However, I was by myself during the transaction, but I asked all questions beyond reason that I needed to make the best decision for me and my family. With the APR of XXXX % being a major contributing factor of my monthly payment calculation I only proceeded with the sale and the financing contingent upon the warranty and representations offered by the dealership in my ability to change and lower both the APR and monthly payment as a condition subsequent. I relied on this reassurance, as these conditions were extremely material aspects of my decision making, and if the dealership had told me no to any one of these negotiating/bargaining pain points I would have rejected the offer for the third and final time. End of story. ANALYSIS OF INSTALLMENT CONTRACT CONTENT & FORM ( GENERALLY ) The installment contract was comprised of two-pages total and lacked absolute clarity. It was at times, ambiguous, had confusing term placement, important terms were separated and/or buried within contractual language but not limited to, for example : 1. Wherein the installment contract provision ( s ) on the back where it states : How late payments or early payments change what you must pay We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take form of larger or smaller final payment. We will send you notice telling you about these changes before the final scheduled payment is due. 2. The aforesaid contract provision on its face, appears to have been a straightforward representation but it is not. The Total of Payments represents the time balance ( the total finance repayment duration or maturity ) and includes the Amount Financed which is the amount of the vehicle sale by itself ( e.g., principal amount ). 3. That would mean this was never a Simple Interest financing credit sale, rather from the beginning this was a Precomputed financing credit sale with interest bearing qualities. Precomputed financing is where the debt is a sum ( wholly ) comprised of the principal amount and the amount of interest computed in advance on the assumption that all scheduled payments will be made when due. 4. With respect to Precomputed financing, they are repayable in substantially equal and consecutive monthly installments of principal and interest combined, except that the first installment period may exceed one month by not more than fifteen days, and the first installment payment amount may be larger than the remaining payments by the amount of interest charged for the extra days ; and provided further that monthly installment payment dates may be omitted to accommodate borrowers with seasonal income ( which is explained further, but in a completely separate provision from this one ). 5. Wherein the installment contract states in part : How we will apply payments We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of Amount Financed. My thought to this confusing statement was I thought you did figure the finance charge because its enclosed on the front? This lacked clarity. 6. Well, with respect to Interest-Bearing financing, interest is computed on the unpaid principal balances outstanding from time to time, for the time outstanding. Each payment is applied first to unpaid charges and fees, then to interest, and the remainder to the unpaid principal balance. 7. How we will apply payments provision states in part : We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed, and to the other amounts you owe under this contract in any order we choose 8. With respect to the Actuarial method '' it is a method of allocating payments made on a loan between the principal amount and interest whereby a payment is applied first to the accumulated interest and then the remainder to the unpaid principal amount. 9. Notwithstanding, the last statement states in part : in any order we choose looking back was a flagrant play upon the target audiences ( me and other consumers ) low-awareness & and financial ignorance. To the extent, where this standard adhesive XXXX XXXX XXXX retail installment contract, once you put it all together because its all over the place that this installment contract is not only Precomputed, Interest-Bearing, but uses the Rules-of-78s as its accrual & payment methodology. 10. Said installment contract was made for 66 months, the use of Rules of 78s as the accrual method is prohibited for any loan or financing term over 61 months according to federal law, and some states dont allow it at all. 11. The accounting method ( s ) used by Consumer Portfolio Services best explains why my efforts ( many years before now ) to refinance with another company and get away from this contract altogether ( after complaining to the Consumer Portfolio Services about the credit sale formation with the dealership ) was absolutely fruitless. Additionally, it explains why the pay-off amount back then was stated for the entire installment contract amount and not just for what I would have owed up until that point, because again, this installment contract never used a simple interest methodology for accounting and payment allocation. This fact became even clearer when considering the You may prepay provision on the back of the installment contract, which contradicted the Prepayment provision on the front of the installment contract. It was confusing and the provision on the back stated in part that there would not be a penalty for paying all or part of the Amount Financed ( the Principle amount ) but you must pay the earned and unearned part of the Finance Charge and all other amounts up to the date of your payment which was not stated on the front of the installment contract under similar provision. The dealership deceived me. He confused the words prepay with pay-off and those are two separate terms. The material omission that you will not be refunding the finance charge is a prepayment penalty. Additionally, there was an Option box detailing that there would be No finance charge if the Amount Financed is paid in full before. I was told that this provision meant no finance charge if paid in full, as a promotional offer, for example if I was offered a no finance charge for XXXX promotion, etc.. But this was not true. I was duped again. Nevertheless, I never received the refund I should per Ohio law regarding as a result of my efforts to refinance out of this contract years earlier. 12. This installment contract failed to include a Notice Clause. If notice were to be sent to either party how was this process supposed to be achieved? This installment contract did not require a change of address, a requirement that a partys phone number be updated. This contractual delegation or duty was silent. 13. This installment contract might have stated that no oral changes are binding, but it did not include no changes in understandings are not binding. Moreover, how do I know that the dealership did not in fact provide Consumer Portfolio Services of our understandings when the boilerplate language is static and already stated that this is the complete agreement prior to anything ever being filled out. 14. This installment contract failed to explain how deferments and/or payment extensions would work and to what extent because the installment contract does not even provide an explanation. At the time, I didnt understand the words maturity date from the installment contract extensions because this was not a loan it was financing, but I felt that I had no other choice but to always agree to Consumer Portfolio Services terms no matter what. 15. Many important contract terms were repetitive in wording or were not reasonably close to its analogous context to prevent intent from becoming lost, impaired, or creating ambiguity. 16. Thus, ambiguity is created by stating the same thing more than once ; rarely is it not possible to say something twice without creating ambiguity. Certain terms within said installment contract were merely stated generally on one document side, only to be repeated and elaborated differently on the other side of the page resulting in contradiction and confusion. 17. Another installment contract provision states in part : Your Other Promises to Us which was a confusing headline. It created emphasis which implied that other statements in the contract are less important, especially considering the words which followed, wherein it stated in part, This secures payment of all you owe on this contract. It also secures your other agreements in this contract [ sic ] This is how these two sentences within this paragraph began and ended. It did mention a few bullet points before it, but the words after did not lead to nowhere that I could conceive, because I do not know what This or It is referring to. Moreover, the statement, All you owe on this contract is awful to place in any contract. Owe means that I am already obligated. 18. The installment contracts headline RETAIL INSTALLMENT SALE CONTRACT / SIMPLE FINANCE CHARGE is fraudulently stated because it is contradictive to the payment accrual and allocation method described within it. 19. The installment contract provision wherein it states : Prepayment. If you payoff all your debt early, you will not have to pay a penalty. To a reasonable person this would mean that there is no prepayment penalty, but it is deceptive when the finance charge already worked into the total installment contract amount in a way that doesnt allow for an incentive to pay early. On the other hand, an installment contract with precomputed interest consists of substantially equal payments throughout the entire contract so with that information you would know what to expect. 20. But, when the headline of a contract states, Simple Finance Charge but is in fact a Precomputed Finance Charge the consumer would never truly know what they were getting into. You can not lie about the type of loan you are getting a consumer into, especially when they are concerned, inquisitive and asking every question that should have prevented this fact. 21. Which is why I have been devastated by the willful deception and misrepresentations told and warranted to me by the dealership. I would not have agreed to a XXXX month payment term, while paying XXXX XXXX interest the entire time, no matter if for example, my credit score the 800s ; fresh out of bankruptcy where the chances of rebuilding my credit after 1-2 years later were greater and absolutely would not have justified such awful terms as these. 22. I was misled into believing that I could merely pay just the Amount Financed ( i.e., principal amount ) and have my performance discharged from this contract if I needed to refinance elsewhere. 23. Notwithstanding, CPS after I made inquiry about refinancing the APR for a lower rate and payment amount but was refused by them despite my agreement and understanding with the dealership and my reliance of it when asked if I could at the very least make principal payments? CPS told me No they do not do that either ... So, how was this ever a simple finance charge ( lightbulb ) thats because it never was. POST-CONSUMMATION COURSE OF DEALING & TREATMENT WITH ASSIGNEE OF THE INSTALLMENT CONTRACT ( CONSUMER PORTFOLIO SERVICES ) Not long after finalizing this installment contract/ credit sale transaction, I missed many calls from Consumer Portfolio Services who was calling me to make first contact with me, but I did not know who they were. This installment contract was assigned solely to a company named CPS, INC who is unlicensed. I soon found that Consumer Portfolio Services uses the name CPS interchangeably which has always been confusing, but even more confusing for third-parties ( i.e. family members, friends ) who would receive phone calls from Consumer Portfolio Services referring to themselves as CPS and stating that they need to speak to me about an important matter, to include my XXXX XXXX where I received oral discipline because of their calls. Consumer Portfolio Services caused distressing urgency and confusing amongst these third-party persons for me, because CPS is not distinguishable from Consumer Portfolio Services. That is because most people consider the combined letters C-P-S as an automatic reference with Child Protective Services. Which was confusing to me when I saw their name on the installment contract and was absolutely disturbing to hear by other third parties on my behalf because they thought I was I XXXX my children. Coupled with the fact that CPS would call the same or next day as Consumer Portfolio Services third-party persons were all over the place with confusion and didnt know if I was XXXX my children or having a debt collected it was intentionally embarrassing! Which is why in year XXXX I submitted a partial Cease and Desist on Consumer Portfolio Services to bar them from contacting anyone but me, which they recently violated for the first time in 4 years on XX/XX/XXXX in retaliation of my telling them ( Consumer Portfolio Services ) that I would no longer be subjected to their abuse, mistreatment or this contract. Only days later they pretended as though they were struggling to reach me, however, phone records would show that I have gone months without making actual contact with them ( Consumer Portfolio Services ) because they are absolutely abusive to talk to. Notwithstanding, once I eventually figured out who Consumer Portfolio Services was and had my first contact with them, I asked if they were aware of the warranties promised to me by the dealership and wanted assurance they would honor it. Consumer Portfolio Services told me that they would not be able to change any part of the contract and that needed to have taken place during the transaction and that theyre just the servicer for the contract. I argued with them and I also communicated with the dealership and they merely passed the buck back to Consumer Portfolio Services. I advised Consumer Portfolio Services that I did not agree to this loan as it has been, and only agreed because I negotiated with the dealership and was given a warranty of certain changes by you. Consumer Portfolio Services evaded acknowledgment of my claim and refused to address it directly, but provided that if I no longer wanted the vehicle that I could turn it back in. When I asked if the contract would be considered settled from that point if I did return the vehicle, they told me no, it would be considered a voluntary repossession. At that moment, I felt sick. It was clear to me that parties to this installment contract were not on the same page ; 2 out-of-the 3 parties knew exactly what every boilerplate term meant, didnt mean, or could mean and how they could manipulate the context of the contract egregiously more in their favor. And I was the only one who wanted a fair deal. My performance soon after communicating with Consumer Portfolio Services after realizing I was entangled in this installment contract with terms I did not agree to alone and with some I did not understand during the bargain phase ; and which were not going to be honored was poor from the onset and my performance remained poor & impaired throughout the duration of my involuntary servitude against this installment contract. My payment history tells a story, and that story fails to ever show actions of me guaranteeing, committing, or confirming anything but my impaired willingness to make payment. Consumer Portfolio Services however, did not care. They were not concerned, surprised or shocked by my claims of being misled. They never once made a good-faith attempt to investigate my claims regarding the dealership. It was rather business as usual for them, and they instead preyed further and continued to exploit my misrepresentations, my perceived ignorance, my contractual burden and inflict undue influence, manipulation, economic duress and mental & emotional abuse upon me by enforcing this installment contract which did not align with neither what I agreed to my detriment or with my understanding in relation thereto. ABUSIVE SERVICING AND COLLECTION PRACTICES Consumer Portfolio Services and I were never on the same page by design. They used the word interest, accrue, and other similar words that the original installment contract never used and was more indicative that this was a loan than a credit sale contract. Due to the many nuances and ambiguities within the contract Consumer Portfolio Services flagrantly cherry-picked what they were going to acknowledge, and made the duration of dealing with them both burdensome and frankly most times just extremely awkward. Over time, it was clear that the rights I should have had, not only at the onset of the transaction, but during the contract term was not going to be pursuant with Ohios Retail Installment Sales Act ( RISA ) which gives more protection for circumstances like these or should due to partly because the merchant seller is unlicensed and is more susceptible to self-dealing as is the assignee Consumer Portfolio Services. Much like the dealership, Consumer Portfolio Services teetered back-n-forth as to what hat they were wearing within any given conversation with me. One day they were able to grossly modify the installment contract ; or at times when I would attempt to stop paying holding to my claims Consumer Portfolio Services would tell me that we gave you a loan when no one else would. Which is not true, but at the time I believed them because I did not know any better. But I no longer had debt at the time of contracting, and years later I realized that they by law could not have given me a loan, because that is not how a credit sale contract works. Notwithstanding, when I had wanted to change the APR at the beginning or renegotiate any other element of the installment contract I would be told that they ( Consumer Portfolio Services ) were just the servicer and couldnt do anything. Whats more, Consumer Portfolio Services used that name as well as CPS in their collection efforts. On top of which they used oppressive, coercive influence and abusive practices and tactics to collect, which included but not limited to : - Engaging in behavior which that menacingly argumentative ; confrontational ; harassing ; yelling at me ; continuous cycle of intimidating me to reinforce my compliance ; - Previously would call my place of employment and/or a third-party everyday using misleading names to the point I was warned of discipline and was forced to place a partial cease and desist on communication with Consumer Portfolio Services to stop them from contacting third-parties which they recently breached ; - Yelling at me, - Forcing me to act contrary to my rights ; and beliefs as they were not present during the credit sale ( silent compliance ) ; - Undue inducement by " Consumer Portfolio Services '' through intimidation to perform in a manner different than I otherwise would have performed from the beginning based on previous representations made and agreed to, which created a continuous cycle intimidated or threatened ; - Employing undue fear, blame, undeserved guilt/emotional blackmail, and XXXX as their servicing tactics to distort my sense of events and the reality of what was happening to me ; - Victimizing themselves by normalizing and legitimizing their abuse & behavior to me by attempting to make unreasonable demands seem reasonable ; - Utilizing a cycle of mental and emotional control to support & reinforce economic abuse of enforcing the underlying installment contract ; which acted to limit my actions by restraining my resources to resist the abuse and vulnerable in defending their demands to avoid more harm ; -Numerous unjustified payment extensions against a loan with substantially impaired performance. The cascading interest-bearing effects of these purported daily finance charges, which were allegedly computed based on the outstanding principal balance, in addition to the undisclosed precomputed finance charge improperly increased the principal balance as it steady compou -Gross abuse of contract terms ; creating terms as they went via unilateral modifications of terms and numerous undisclosed changes of the maturity date. -Unwillingness to produce request for original contract upon request ( my original was destroyed during a break-in ) -Adverse Selection ; Attempted to solicit me a loan with a misleading advertisement once informing " Consumer Portfolio Services '' that the maturity had already passed. ( ( ( I experienced an inability to upload/attach this entire complaint ; breach of contract notice to CPS ; the installment contract itself ; and 'numerous ' exhibits
06/24/2019 Yes
  • Mortgage
  • Conventional home mortgage
  • Trouble during payment process
  • NY
  • 11023
Web
Please see signed, executed, and notarized Qualified Written Request as an attachment. Due to the limit of characters on this CFPB portal I was not able to place all the questions of the QWR, as a result I have attached it for your review and response. Some of the questions from the original physical copy are typed out below but not in it's entirety. Please answer all questions from the attachment, as the attachment is complete, signed, executed and notarized. I will mail out all physical copies to all 4 parties certified return receipt via USPS. RESPA QUALIFIED WRITTEN REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER, TILA REQUEST This letter is a qualified written request in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ) and Regulation X 24 C.F.R. 3500, and The Gramm Leach Bliley Act. RE : Alleged Account # : XXXX XXXX XXXX XXXX, XXXX XXXX, NY XXXX Property address Dear Madam or Sir : Please be advised of your legal obligation to answer this Qualified Written Request and to obtain all records and documents pertaining to the above-mentioned Loan No. This request is made pursuant to the Real Estate Settlement and Procedures Act ( RESPA ). We have reason to believe that certain disclosures and documentation have been withheld in violation of the Truth in Lending Act ( TILA ) and that various Real Settlement Procedures Act ( RESPA ) loan servicing errors may have occurred. To ensure that any legal claims are brought against the appropriate parties we are requesting evidence to support or exclude Fay Servicing and to satisfactorily provide us a good clear and clean hands understanding and clarification from you, of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date. Your due diligence and lawful compliance in the production of documentation to refute the fact that Fay Servicing has been erroneously holding an alleged right, title, or interest in the alleged account or alleged property/note is vital. To date, the documents and information we have received from Fay Servicing and our escrow files including subsequent records do not answer many questions. Any refusal to answer our request will be considered a predatory servicing or lending and servicing schemes. As consumers, we are extremely disturbed by the complete disregard for the law pertaining to this mortgage transaction by Fay Servicing and/or anyone who may have any interest in this matter. I am disputing the validity of the current debt you claim that I owe. To independently validate this debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception until the present date. Upon receipt of this letter, please refrain from reporting any negative credit information to any credit reporting agencies until you respond to my requests. I also request that you conduct your own investigation and audit of my account since its inception to validate the debt you claim I owe you is accurate to the penny. Please do not rely on previous servicers or originators assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account. I want to ensure that I or [ we ] have not been the victim of such predatory practices. To insure this, I have authorized a thorough review, examination, accounting and audit of my mortgage loan # : XXXX by predatory lending experts. This exam and audit will review my mortgage loan file from the date of my initial contact, application and the origination of my loan to the present date written above. Needless to say, we are most concerned that fraudulent and deceptive practice by unscrupulous mortgage brokers ; sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance balance sheets ; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected any credit rating, mortgage account and /or the debt or payments that we are currently, or may be legally obligated to. This behavior concerns me since such abuses are targeting the uninformed consumer and disadvantaged, poor, elderly and minorities. I am vehemently concerned as an alleged borrower. As a result, and many other reasons, this leads me to believe that I may be a victim of predatory lending. I am disputing the validity of the current debt you claim I owe. By debt I am referring to : a. The principal balance claimed owed ; b. My calculated monthly payment ; c. Calculated escrow payment ; d. Any fees claimed to be owed by you or any trust or entity you may represent I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income may have been inflated on the application. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. It is also my belief that certain documents may have not been presented at all. Additionally, I believe that a notary was not physically present to witness my signatures on several pertinent documents and that I was ill advised at the time of closing. To independently validate my debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date. I have been given the runaround by Fay Servicings employees on countless occasions. I have talked to several agents whom have provided me with different responses to the same questions I have inquired on how to receive my response to the QWR, but to no avail. I have been intentionally re-routed to the wrong department or individuals, dozens of times to hamper my ability to seek the answers I was looking for. This letter should serve, once and for all, to get the proper answers from Fay Servicing. We hereby demand absolute first hand evidence from you of the original un-certificated or certificated security regarding account number : XXXX. In the event you do not supply us with the very security it will be a positive confirmation on your part that you never really created and owned one. We also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent to us as well. Absent the actual evidence of the security we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege we owe. By debt we are referring to the principal balance you claim we owe ; the calculated monthly payment, calculated escrow payment and any fees claimed to be owed by you or any trust or entity you ma y service or sub-service for. As such, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Section 2605 ( e ) of Title 12 of the United States Code. As you know, RESPA provides substantial penaltie s and fines for non-compliance or answers to my questions provided in this letter within sixty [ 60 ] days! In order to conduct this examination and audit, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan. The documents requested and answers to questions are needed by my counsel and the predatory lending experts retained to ensure that my loan : Was originated in lawful compliance with all federal and state laws, regulations including, but not limited to RESPA, HOEPA and other laws ; That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note ; That the claimed holder in due course of my promissory note and deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments ; That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. Were properly disclosed to me at the inception of my loan ; That each servicer and sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust ; That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations ; That my loan has properly been credited, debited, adjusted, amortized and charged correctly ; That interest and principal have been properly calculated and applied to my loan ; That my principal balance has been properly calculated and accounted for ; That no charges, fees or expenses, not obligated by me in any agreement, have been charged or assessed to or collected on my account ; In order to validate my debt and audit my account, I need copies of pertinent documents to be provided and answers in writing to various servicing questions to be sent to me. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record in each computer system, program or database used by you that contains any information on my account. As such, please send to me, at the address above, copies of the documents requested below as soon as possible. Please provide me copies of : 1. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to XXXX XXXX XXXX, any system by XXXX or any other similar mortgage servicing software used by you, any servicers, or sub-servicer of my mortgage account from the inception of my loan to the date written above. 2. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review my mortgage account may properly conduct their work. 3. All purchase and sale of mortgage agreements, sale or transfer of servicing rights or other similar agreement related to any assignment, purchase or sale of my mortgage loan or servicing rights by you, any broker, affiliate company, parent company, servicers, bank, government sponsored enterprise, sub-servicers, mortgage broker, mortgage banker or any holder of any right related to my mortgage, promissory note and deed of trust from the inception of my loan to the present date. 4. A copy of the Prospectus offered to investors in the trust. 5. All prospectus related to the sale or transfer of my note, deed of trust, mortgage and servicing rights or other similar agreement related to any assignment, purchase or sale of my mortgage loan or servicing rights by you, any broker, affiliate company, parent company, servicers, bank, government sponsored enterprise, sub-servicers, mortgage broker, mortgage banker or any holder of any right related to my mortgage, promissory note and deed of trust from the inception of my loan to the present date. 6. All assignments, transfers, alonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures payment by me to my obligation in this account from the inception of my loan to the present date. 7. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date. 8. A complete and itemized statement of the escrow account of the loan, if any, from the date of the loan to the date of this letter, including, but not limited to, any receipts or disbursements with respect to real estate property taxes, fire or hazard insurance, flood insurance, mortgage insurance, credit insurance, or any other insurance product. 9. A complete and itemized statement from the date of the loan to the date of this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan. 10. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account. 11. A complete and itemized statement of any and all post-petition arrears including each month in which the default occurred, and the amount of each monthly default. 12. A complete and itemized statement of any funds deposited in any post-petition suspension account ( s ) or corporate advance account ( s ), including, but not limited to, the balance in any such account or accounts and the nature, source and date of any and all funds deposited in such account or accounts. 13. A complete and itemized statement from the date of this loan to the date of this letter of the amount, payment date, purpose and recipient of all foreclosure expenses, NSF check charges, legal fees, attorney fees, professional fees and other expenses and costs that have been charged against or assessed to this mortgage. 14. All escrow analyses conducted on my account from the inception of my loan until the date of this letter ; 15. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on my disclosure statement including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. 16. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by me or by others on my account. 17. The amount, if applicable, of any satisfaction fees. 18. A complete and itemized statement of the amount, payment date, purpose and recipient of all fees for the preparation and filing of the original proof of claim, any amended proofs of claim, or any supplemental proofs of claim related to this mortgage. 19. All letters, statements and documents sent to me by your company ; 20. All letters, statements and documents sent to me by agents, attorneys or representatives of your company ; 21. All letters, statements and documents sent to me by previous servicers, sub-servicers or others in your loan file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicer, servicer, attorney or other representative of your company. 22. All letters, statements and documents contained in my loan file or imaged by you, any servicer or sub-servicers of my mortgage from the inception of my loan to present date. 23. All electronic transfers, assignments, sales of my note, mortgage, deed of trust or other security instrument. 24. All copies of property inspection reports, appraisals, BPOs and reports done on my property. 25. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date. 26. All checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date. 27. Have you purchased and charged to the account any Vendors Single Interest Insurance? 28. All agreements, contracts and understandings with vendors that have been paid for any charge on my account from the inception of my loan to the present date. 29. A complete and itemized statement from the date of the loan to the date of this letter of any forced-placed insurance and expenses related thereto, related in any way to this loan. 30. All loan servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, loan histories, accounting records, ledgers, and documents that relate to the accounting of my loan from the inception of my loan until present date? 31. All loan servicing transaction records, ledgers, registers and similar items detailing how my loan has been serviced from the from the inception of my loan until present date? Further, in order to conduct the audit and review of my account, and to determine all proper amounts due, I need the following answers to questions concerning the servicing and accounting of my mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions listed below. LOAN ACCOUNTING & SERVICING SYSTEMS 1 ) Please identify for me each loan accounting and servicing system used by you and any sub-servicer or previous servicer from the inception of my loan to the present date? 2 ) The name, address and phone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for the underlying mortgage debt. 3 ) For each loan accounting and servicing system identified by you and any sub-servicer or previous servicer from the inception of my loan to the present date, please provide the name and address of the company or party that designed and sold the system? 4 ) For each loan accounting and servicing system used by you and any sub-servicer or previous servicer from the inception of my loan to the present date, please provide the complete transaction code list for each system. DEBITS & CREDITS 1 ) In a spreadsheet form or in letter form in a columnar format, please detail for me each and every credit on my account and the date such credit was posted to my account as well as the date any credit was received. 2 ) In a spreadsheet form or in letter form in a columnar format, please detail for me each and every debit on my account and the date such credit was posted to my account as well as the date any debit was received. 3 ) For each debit or credit listed, please provide me with the definition for each corresponding transaction code you utilize? 4 ) For each transaction code, please provide us with the master transaction code list used by you or previous servicers. MORTGAGE & ASSIGNMENTS 1 ) Has each sale, transfer or assignment of my mortgage or promissory note or any other instrument I executed to secure my debt been recorded in the county property records in the county and state in which my property is located from the inception of my loan to the present date? Yes or No? 2 ) If no, why? 3 ) Have any sales, transfers or assignments of my mortgage or promissory note or any other instrument I executed to secure my debt been recorded in any electronic fashion such as MERS or other internal or external system from the inception of my loan to the present date? Yes or No? 4 ) If yes, state the full name and address of the Electronic Agent and the full name and address of the Mortgage Electronic Registration System. Attach a copy of the mortgage electronic registration system procedures manual. Please detail for me the names of each seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage, deed or security instrument I executed securing the obligation on my account that was not recorded in the county records where my property is located. 5 ) Is this a MERS Designated Mortgage Loan? If the answer is yes, then identify the electronic agent and the type of mortgage electronic system used by the agent. 6 ) Is this mortgage part of a Mortgage Warehouse Loan? If so, then state the full name and address of the Lender and attach a copy of the Warehouse Loan Agreement. 7 ) Upon any default or notice of default, state whether or not the Mortgage Warehouse Lender has the right to override any servicers or sub-servicers and provide instructions directly to the Electronic Agent? If the answer is yes, then specifically identify the legal basis for such authority. ATTORNEY FEES 1 ) For purposes of my questions below dealing with attorney fees, please consider the terms attorney fees and legal fees to be one in the same. 2 ) A summary of all fixed or standard legal fees approved for any form of legal services rendered in connection with this account. 3 ) Have attorney fees ever been assessed to my account from the inception of my loan to the present date? 4 ) If yes, please detail each separate assessment of attorney fees to my account from the inception of my loan to the present date and the date of such assessment to my account? 5 ) Have attorney fees ever been charged to my account from the inception of my loan to the present date? 6 ) If yes, please detail each separate charge of attorney fees to my account from the inception of my loan to the present date and the date of such charge to my account? 7 ) Have attorney fees ever been collected from my account from the inception of my loan to the present date? 8 ) If yes, please detail each separate collection of attorney fees from my account from the inception of my loan to the present date and the date of such collection from my account? 9 ) Please provide for me the name and address of each attorney or law firm that has been paid any fees or expenses related to my account from the inception of my loan to the present date? 10 ) Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed authorized the assessment or collection of attorney fees? 11 ) Please detail and list for me in writing each separate attorney fee assessed to my account and for which corresponding payment period or month such late fee was assessed from the inception of my loan to present date. 12 ) Please detail and list for me in writing each separate attorney fee collected from my account and for which corresponding payment period or month such late fee was collected from the inception of my loan to present date. 13 ) Please detail and list for me in writing any adjustments in attorney fees assessed and on what date such adjustment was made and the reasons for such adjustment. 14 ) Please detail and list for me in writing any adjustments in attorney fees collected and on what date such adjustment were made and the reasons for such adjustment. 15 ) Has interest been charged on any attorney fee assessed or charged to my account? Yes or No? 16 ) Is interest allowed to be assessed or charged on attorney fees charged or assessed to my account? Yes or No? 17 ) How much in total attorney fees have been assessed to my account from the inception of my loan until present date? $ ____________ 18 ) How much in total attorney fees have been collected on my account from the inception of my loan until present date? $ __________ SUSPENSE/UNAPPLIED ACCOUNTS 1 ) For purposes of this section, please treat the term suspense account and unapplied account as one in the same. 2 ) Has there been any suspense or unapplied account transactions on my account from the inception of my loan until present date? 3 ) If yes, why? If no, please skip the questions in this section dealing with suspense and unapplied accounts. 4 ) In a spreadsheet or in letterform in a columnar format, please detail for me each and every transaction, both debits and credits that has occurred on my account from the inception of my loan until present date? LATE FEES 1 ) For purposes of my questions below dealing with late fees, please consider the terms late fees and late charges to be one in the same. 2 ) A complete and itemized statement of any late charges to this loan from the date of this loan to the date of this letter. 3 ) Have you reported the collection of late fees on my account as interest in any statement to me or to the IRS? Yes or No? 4 ) Has any previous servicer or sub-servicer of my mortgage reported the collection of late fees on my account as interest in any statement to me or to the IRS? Yes or No? 5 ) Do you consider the payment of late fees as liquidated damages to you for not receiving my payment on time? Yes or No? 6 ) Are late fees considered interest? Yes or No? 7 ) Please detail for me in writing what expenses and damages you incurred for any payment I made that was late. 8 ) Were any of these expenses or damages charged or assessed to my account in any other way? Yes or No? 9 ) If yes, please describe what expenses or charges were charged or assessed to my account? 10 ) Please describe for me in writing what expenses you or others undertook due to any payment I made which was late? 11 ) Please describe for me in writing what damages you or others undertook due to any payment I made which was late? 12 ) Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed authorized the assessment or collection of late fees? 13 ) Please detail and list for me in writing each separate late fee assessed to my account and for which corresponding payment period or month such late fee was assessed from the inception of my loan to present date. 14 ) Please detail and list for me in writing each separate late fee collected from my account and for which corresponding payment period or month such late fee was collected from the inception of my loan to present date. 15 ) Please detail and list for me in writing any adjustments in late fees assessed and on what date such adjustment was made and the reasons for such adjustment. 16 ) Please detail and list for me in writing any adjustments in late fees collected and on what date such adjustment was made and the reasons for such adjustment. 17 ) Has interest been charged on any late fee assessed or charged to my account? Yes or No? 18 ) Is interest allowed to be assessed or charged on late fees charged or assessed to my account? Yes or No? 19 ) Have any late charges been assessed to my account? Yes or No? 20 ) If yes, how much in total late charges have been assessed to my account from the inception of my loan until present date? $ ____________ 21 ) Please provide me with the exact months or payment dates you or other previous servicers of my account claim I have been late with a payment from the inception of my loan to the present date. 22 ) Have late charges been collected on my account from the inception of my loan until present date? Yes or No? 23 ) If yes, how much in total late charges have been collected on my account from the inception of my loan until present date? $ __________ PROPERTY INSPECTIONS 1 ) Please attach copies of all property inspection reports and appraisals, including comparable properties which where used to arrive at value for the above loan. 2 ) For purposes of this section property inspection and inspection fee refer to any inspection of my property by any source and any related fee or expense charged for such inspection. 3 ) Have any property inspections been conducted on my property from the inception of my loan until the present date? 4 ) If your answer is no, you can skip the rest of these questions in this section concerning property inspections? 5 ) If yes, please tell me the date of each property inspection conducted on my property that is the secured interest for my mortgage, deed or note? 6 ) Please tell me the price charged for each property inspection? 7 ) Please tell me the date of each property inspection? 8 ) Please tell me the name and address of each company and person who conducted each property inspection on my property? 9 ) Please tell me why property inspections were conducted on my property? 10 ) Please tell me how property inspections are beneficial to me. 11 ) Please tell me how property inspections are protective of my property. 12 ) Please explain to me your policy on property inspections. 13 ) Do you consider the payment of inspection fees as a cost of collection? Yes or No? 14 ) If yes, why? 15 ) Do you use property inspections to collect debts? Yes or No? 16 ) Have you used any portion of the property inspection process on my property to collect a debt or inform me of a debt, payment or obligation I owe? 17 ) If yes, please answer when and why? 18 ) Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed authorized the assessment or collection of property inspection fees? 19 ) Have you labeled in any record or document sent to me a property inspection as a misc. advance? Yes or No? 20 ) If yes, why? 21 ) Have you labeled in any record or document sent to me a property inspection as a legal fee or attorney fee? Yes or No? 22 ) If yes, why? 23 ) Please detail and list for me in writing each separate inspection fee assessed to my account and for which corresponding payment period or month such fee was assessed from the inception of my loan to present date. 24 ) Please detail and list for me in writing each separate inspection fee collected from my account and for which corresponding payment period or month such fee was collected from the inception of my loan to present date. 25 ) Please detail and list for me in writing any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment. 26 ) Please detail and list for me in writing any adjustments in inspection fees collected and on what date such adjustment was made and the reasons for such adjustment. 27 ) Has interest been charged on any inspection fees assessed or charged to my account? Yes or No? 28 ) If yes, when and how much was charged? 29 ) Is interest allowed to be assessed or charged on inspection fees charged or assessed to my account? Yes or No? 30 ) How much in total inspection fees have been assessed to my account from the inception of my loan until present date? $ ____________ 31 ) How much in total inspection fee have been collected on my account from the inception of my loan until present date? $ __________ BPO FEES 1 ) Have any BPOs [ Brokers Price Opinions ] been conducted on my property? 2 ) If yes, please tell me the date of each BPO conducted on my property that is the secured interest for my mortgage, deed or note? 3 ) Please tell me the price of each BPO? 4 ) Please tell me who conducted each BPO? 5 ) Please tell me why BPOs were conducted on my property 6 ) Please tell me how BPOs are beneficial to me. 7 ) Please tell me how BPOs are protective of my property. 8 ) Please explain to me your policy on BPOs. 9 ) Have any BPO fees been assessed to my account? Yes or No? 10 ) If yes, how much in total BPO fees have been assessed to my account? $ ________ 11 ) Have any BPO fees been charged to my account? Yes or No? 12 ) If yes, how much in total BPO fees have been charged to my account? $ ______ 13 ) Please tell me specifically what clause, paragraph and sentence in my note, mortgage or deed of trust or any agreement I have executed allows you to assess, charge or collect a BPO fee from me. SERVICING RELATED QUESTIONS For each of the following questions listed below, please provide me with a detailed explanation in writing that answers each question : In addition, I need the following answers to questions concerning the servicing of my mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions l
03/06/2018 Yes
  • Debt collection
  • Mortgage debt
  • Took or threatened to take negative or legal action
  • Seized or attempted to seize your property
  • GA
  • 30094
Web
BROCK & SCOTT PLLC VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of ILLEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. Illegal documents have been filed against me and my home, the property I own at XXXX XXXXXXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA XXXX XXXX XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX XXXX Georgia, being Lot XXXX XXXX XXXX of XXXX XXXX XXXX as per plat thereof recorded in XXXX XXXX XXXX page XXXX, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXXXXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX XXXX XXXX, and had no objections to Exempt From Sale and XXXX Court Order or Bankruptcy. XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX resulting in two court orders 1.Exempting the property from sale and XXXX and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX XXXX party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power. ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. XXXX XXXX XXXX XXXX suggested I report the crime to XXXX XXXX XXXX and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge. Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title. ( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact. What Is Theft by Conversion in Georgia? Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. What Is Considered Personal Property in Georgia? According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property. Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. Is Theft by Conversion a Felony or Misdemeanor? The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. What Is the Punishment for Theft by Conversion? The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine. Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both. O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process. O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud. O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words. ( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING LINDSAYS OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. O.C.G.A. 11-9-201. General effectiveness of security agreement. ( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. ( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing. Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored XXXX XXXX Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX and XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the responsible attorneys I believe to be a XXXX XXXX and XXXX XXXX attorneys for the firm XXXX and XXXX. 11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX XXXX XXXX Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request. O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question. ( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq. 12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. 13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True. 14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. 15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record. Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators. ( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter.. ( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. ( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. ( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery. ( h ) Uttering a Forged Instrument. ( i ) Accessory Before the Fact in Uttering a Forged Instrument. ( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort. Fraud. ( l ) Encumbering Property with Intent to Defraud. ( m ) Passing Forged Instruments. ( n ) Attempted Fraud. ( o ) Using the Mails to Defraud. ( p ) Securities Fraud. ( q ) Conspiracy to Defraud the Public. ( r ) Transporting Stolen Property. ( s ) Obtaining Money by False Pretenses. ( t ) Malicious Trespass. Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully. O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud. ( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one. ( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them. ( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21. ( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon. ( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract. ( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years. ( gg ) Forgery of Public Documents. ( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia . ( kk ) State of Georgia conviction for forgery. Animashaun v. INS, XXXX XXXX XXXX XXXX XXXX Cir. XXXX XXXX XXXX XXXX Cir. XXXX ). The XXXX XXXX in XXXX XXXX XXXX, XXXX XXXX. Appx. XXXX XXXX XXXX Cir. XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a CIMT as the offense involved forgery and was fraudulent in nature. ( ll ) Attempting to Obstruct or Impede the Progress of Justice. ( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617. ( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. ( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover. Lindsays lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX AND XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND XXXX COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note. 2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document. 4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked. 5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document. 6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist. 7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship. 8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing. 9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively. 10. Certifications must be based upon personal knowledge and
03/16/2019 Yes
  • Mortgage
  • FHA mortgage
  • Struggling to pay mortgage
  • NJ
  • 07103
Web
On or about XX/XX/XXXX, I received XXXX XXXX on my right XXXX to repair XXXX XXXX and XXXX. Shortly thereafter, on or ab out XX/XX/XXXX, I was admitted into the XXXX XXXX XXXX XXXX XXXX after experiencing XXXX related issues. I was placed in the intensive care unit for a number a days and thereafter, released from the hospital. Thereafter, on or about XX/XX/XXXX, I was wrongfully terminated from my place of employment that I held for approximately ten years. After experiencing three major life-changing experiences and being unemployed, I continued to make my mortgage payments via my personal savings. Thereafter, I requested assistance from then Washington Mutual, which was later purchased by JP Morgan Chase Bank and or Chase Home Financing all to no avail. I was instructed to continue making my mortgage payments and received absolutely no assistance from either bank! Thereafter, I learned that Chase Bank and or Chase Home financing signed a " Servicer Participation Agreement for the Home Affordable Modification Program '' ( " the HARP contract '' ) on XX/XX/XXXX with XXXX XXXX ( see-attached document labeled exhibit A ) on information and belief Chase Home Finance, LLC also signed a HAMP contract with XXXX XXXX on XX/XX/XXXX. With this newfound knowledge, I demand assistance from JP Morgan Chase Bank and or Chase Home Finance with negative results. Over 95 % of the time I attempted to contact Chase by telephone, I faced long periods of holding time and whenever I attempted to leave a message with their assigned representative, the service providers mailbox would inform me that it was " full '' and can not accept any messages. In addition, Chase routinely gave false statements by stating that my documents were never received, but failed to specify what documents. Chase Home Finance stated in a letter to Plaintiff, " A review of our records indicates that Chase made numerous, unsuccessful contact attempts in order to try and facilitate a short sale. '' However, Plaintiff taped recordings tells a different story. The recordings shows Chase Home Finance had Plaintiffs correct telephone number, but intentionally and deliberately called the wrong number to prevent Plaintiff from receiving any assistance. Their criminal practice carried on routinely and I submitted overwhelming documents and taped telephone conversations to prove that Chase Bank intentionally and deliberately failed to assist me. They continuously and repeatedly lied by alleging they did not receive any of the my documents TO AVOID PROVIDING THE ME WITH ANY RELIEF OR APPROVE A SHORT SALE BECAUSE SERVICING THE MORTGAGE WAS MORE LUCRATIVE TO THEM THAN PROVIDING ME WITH ANY RELIEF. JP Morgan Chase and/or Chase Home Finance are intentionally ignoring a grave fact that I sent the requested documents and they INTENTIONALLY LIED by stating that they never received my documents. As a direct result, I was forced into bankruptcy, my property went into foreclosure and my requests for assistance were denied for alleged insufficient documentation. Although, I have records to disprove their false statements and prove that the documents were sent to the defendants via certified mail RR, express mail, postal mail and facsimile ( Please see attached ). Chase Home Finance also state in their letter to Plaintiff, " Indications are that the property is fire damaged. '' Plaintiff vehemently disputed defendants false accusations and obtained a letter from the City of XXXX, New Jersey Fire Chief XXXX XXXX. In his letter ( See attached ) to Chief XXXX XXXX, Chief XXXX states that there have been no responses to the property in question during the periods I owned the property. In addition, Plaintiff took numerous photographs of the property, which clearly showed that there is absolutely no evidence of fire damage. Continuing with their misconduct, Chase called me at my home telephone number and left a message on the evening prior to the short-sale. At XXXX, XXXX XXXX ( phonetic ) of Chase Home Finance called from telephone No. XXXX and left a message on my voicemail stating that the short sale would be declined due to insufficient documentations that were never submitted. Plaintiff sent the documents via certified mail, express mail & facsimile. ( Please see attached receipts ) Beginning in the XXXX of XXXX, the federal government instituted several measures to try to stabilize the housing and credit markets and assist troubled homeowners. In XX/XX/XXXX, the Emergency Economic Stabilization Act of 2008 ( EESA ) was passed to promote stability and liquidity in the financial system. Among other things, EESA authorized the Secretary of the Treasury to establish the Troubled Asset Relief Program ( TARP ). TARP funds were used, in part, to promote various mortgage loan modification programs. These programs were, The Making Home Affordable ( MHA ) Program, Home Affordable Modification Program ( HAMP ), " The Home Price Decline Protection Incentives ( HPDP ) initiative, The Principal Reduction Alternative ( PRA ), The Home Affordable Unemployment Program ( UP ), The Home Affordable Foreclosure Alternatives Program ( HAFA ), The Second Lien Modification Program ( 2MP ), The FHA-HAMP Program, The Treasury/FHA Second-Lien Program ( FHA2LP ), The FHA Refinance for Borrowers with Negative Equity ( FHA Short Refinance ) Program, Housing Finance Agency Hardest Hit Fund ( HHF ) Despite the voluminous number of programs available, Chase Bank and or Chase Home Finance did not recommend nor offer any of the programs. Instead, they allowed me to go further into debt, foreclosure and then bankruptcy, while defendants continued profiting from servicing Plaintiffs mortgage and receiving credit from the United States Government. Furthermore, Chase Home Finance states, " Chase did not receive the necessary documents in order to conduct a short sale review. '' Once again, Chase Home Finance intentionally and deliberately gave false statements in order to manipulate their requirements of the signed contract agreement with XXXX XXXX and other signed consent agreements with the United State government and the state of New Jersey. However, the facts will show that Chase Home Finance received their requested documents via express mail, certified mail and facsimile ( see attached documents ). Chase Home Finance also state in their letter, " Indications are that the property is fire damaged. '' Once again, this is a false statement. Attached hereto is a letter ( See attached document ) from the City of XXXX, New Jersey Fire Chief XXXX XXXX to Fire Official XXXX XXXX. In his letter to Chief XXXX XXXX, Chief XXXX states that there have been no responses to the property in question during the periods I owned the property. More importantly, I have taken numerous photographs of the property, which clearly shows that there is absolutely no evidence of fire damage. To make it appear as though they made an effort to provide me with relief, Chase Home Finance called me at my home telephone number and left a message on the evening prior to the short-sale. At XXXX, XXXX XXXX ( phonetic ) of Chase Home Finance called me from telephone No. XXXX left a message on my voicemail stating that the short sale would be declined due to insufficient documentations that were never submitted. However, Mrs. XXXX statement that documents were never submitted is contradicted by my attached documents that prove otherwise. On or about XX/XX/XXXX, the City of XXXX, New Jersey adopted a vacant property registration ordinance in which they began charging fees to register vacant homes ( See attached ). Unbeknownst to me, I paid the City of XXXX {$500.00} for the first initial registration fee, and {$1500.00} for the second registration fee. ( See attached documents ). On or about XX/XX/XXXX, I responded to City of XXXX, NJ, spoke with Mrs. XXXX XXXX XXXX, and advised her that I could no longer afford to make the vacant property registration payments. Mrs. XXXX advised me to submit my statements in a letter addressed to her and as she requested, the letter was sent to her via priority mail. On or about XX/XX/XXXX, I received an email from a City of XXXX, New Jersey official, XXXX XXXX from the Department of Economic Housing Development Department. Mr. XXXX wrote to enquire about my payment of the vacant property registration fee. ( See attached ) I responded to Mr. XXXX email ( See attached ) and advised Mr. XXXX of the following : Attached hereto is a copy of the letter I sent to your office via priority mail # XXXX dated XX/XX/XXXX. It is in response to a letter from your office dated XX/XX/XXXX. Thereafter, I receive a telephone call from your office stating that Chase Bank is responsible for making the vacant property payments and that I would be receiving a refund. Since then, I have NOT received a refund or call from your office in regards to my refund, except your email in regards to XXXX XXXX XXXX XXXX on or about XX/XX/XXXX. I am XXXX and CAN NOT afford to make the payments, in addition, Chase Bank REFUSES to liquidate the property and they have refused to make the REQUIRED vacant property payments and somehow, your office is deciding to go after the XXXX person with NO FUNDS and Chase Bank has BILLIONS of dollars and refuses to pay! Please help/assist me in resolving this matter because I can not afford these payments. In addition, I am anticipating a refund from your office, not a notice to payment with penalties. Coincidently, Chase Bank released their lien to the property ( XXXX XXXX XXXX XXXX XXXX, NJ ) on or about XX/XX/XXXX, in order to avoid paying the City of XXXX, New Jersey the vacant Property registration fee. Unfortunately, I was not given notice from Chase Bank until AFTER XX/XX/XXXX. Chase Bank is fully aware they are responsible for making the vacant property registration payment with the City of XXXX, New Jersey, however they intentionally failed to do so. I received numerous tickets on the property and made numerous court appearances because Chase Bank refused to maintain the property. I filed a complaint with the Consumer Financial Protection Bureau, more succinctly on or about XX/XX/XXXX. ( See attached ) Chase Bank responded with THREE separate letters addressed to me, admitting they owed XXXX XXXX {$2000.00}. We previously agreed to reimburse you {$2000.00} for certain fees based on the receipts you submitted in XX/XX/XXXX. WE WERE RESPONSIBLE FOR ALL REGISTRATION PERIODS UNTIL THE LIEN WAS RELEASED. Chase Bank requested that I sign a release agreement that did not include any reimbursement for my cost of cleaning up the debris, reimbursement for paid back taxes, reimbursement for travel & cost for several court appearances because Chase Bank refuse to maintain the property or have it secured, nor did the document have a date in which I would be paid for my cost, so I refused because Chase Bank was not negotiating in good faith. On or about XX/XX/XXXX, I filed a Complaint, alleging various violations of New Jersey 's Consumer Fraud Act ( CFA ), which protects consumers from deceptive, false, or fraudulent business practices because Chase Bank refused to pay. The Complaint alleges that Defendants falsely, erroneously and deceptively, denied Plaintiff any relief with respect to his mortgage loan with the defendants. ( See attached ) Chase Bank responded by lying to the court and denying owing me any monies. ( See attached brief by Chase Bank outside attorneys ) Chase Bank denied owing me the money for the vacant property registration fees and they denied having a responsibility to provide me with any relief with my property DESPITE SIGNING CONSENT AGREEMENTS WITH THE FEDERAL AND STATE GOVERNMENTS STATING THAT THEY WOULD PROVIDE HOMEOWNERS LIKE MYSELF RELIEF! INSTEAD, CHASE BANK CHOSE TO INTENTIONALLY, WILLFULLY & KNOWINGLY LIE IN A SUPERIOR COURT OF NEW JERSEY. Furthermore, there is no right to a loan modification under New Jersey Law and a servicer can not be compelled to accept a short sale. The crux of Plaintiffs Complaint appears to be loss mitigation. It is well accepted that " there is no right to a loan modification under New Jersey law. '' Plaintiff also claims that Chase should be required to reimburse him for fees he paid to the City of XXXX for Vacant Property Registration and expenses paid to have the Property secured and debris removed. See Complaint, Prayer for Relief 6-7. However, Plaintiff entirely fails to present a cognizant basis as to why Chase should be responsible for these fees. Furthermore, there is no right to a loan modification under New Jersey Law and a servicer can not be compelled to accept a short sale. The crux of Plaintiffs Complaint appears to be loss mitigation. It is well-accepted that " there is no right to a loan modification under New Jersey law. '' The Banks Unfair, Deceptive, and Unlawful Loan Modification and Loss Mitigation Processes Under the States consumer protection laws, Chase Bank is prohibited from engaging in unfair or deceptive practices with respect to consumers. Pursuant to HUD regulations and FHA guidance, FHA-approved mortgage lenders and their servicers are required to engage in loss-mitigation efforts to avoid the foreclosure of HUD-insured mortgages. E.g., 24 C.F.R. 203.500 et seq. ; Mortgagee Letter 2008-07 ( Treble Damages for Failure to Engage in Loss Mitigation ) ( XXXX XXXX, XXXX ) ; Mortgagee Letter 1996-25 ( Existing Alternatives to Foreclosure -- Loss Mitigation ) ( XX/XX/XXXX ). Thus, when acting as a servicer, Chase Bank was required to refrain from foreclosing on any FHA insured mortgage where a default could be addressed by modifying the terms of the mortgage or other less-costly alternatives to foreclosure were available. Under the Treasurys various rescue and stimulus programs, Chase Bank received monetary incentives from the Federal government in exchange for the commitment to make efforts to modify defaulting borrowers residential mortgages. See, e.g., Making Home Affordable Handbook v.1.0, ch. 13 ( Incentive Compensation ) ( XXXX XXXX, XXXX ). Under the programs, Chase Bank agreed to fulfill requirements set forth in program guidelines and servicer participation agreements. Chase Bank regularly conducts or manages loan modifications on behalf of the entities that hold the loans and mortgages and that hired the Banks as servicers. In the course of their servicing and oversight of mortgage loans, Chase Bank violated federal laws, program requirements and contractual requirements governing loss mitigation. Chase Bank attorneys statements in the briefs to the Superior Court of New Jersey Plaintiff also claims that Chase should be required to reimburse him for fees he paid to the City of XXXX for Vacant Property Registration and expenses paid to have the Property secured and debris removed. See Complaint, Prayer for Relief 6-7. However, Plaintiff entirely fails to present a cognizant basis as to why Chase should be responsible for these fees. In no event shall JPMC or XXXX request or require any borrower to execute a waiver of any claims against JPMC or XXXX ( including any agent of JPMC or XXXX ) in connection with any payment or Foreclosure Prevention assistance provided pursuant to paragraphs 3 or 4 of this Order. However, nothing herein shall operate to bar JPMC or XXXX from asserting in the future in any separate litigation, or as part of a settlement related to JPMCs or XXXX XXXX foreclosure and servicing practices, any right that may exist under applicable law to offset the amounts received by a borrower through the distribution process set forth above. Nothing herein shall operate to amend or modify in any respect any preexisting settlement between JPMC, XXXX, or an affiliate of either and a borrower in the In-Scope Borrower Population. By Order of the Board of Governors. Loss Mitigation Requirements. SERVICER SHALL BE REQUIRED TO NOTIFY POTENTIALLY ELIGIBLE BORROWERS OF CURRENTLY AVAILABLE LOSS MITIGATION OPTIONS PRIOR TO FORECLOSURE REFERRAL. Upon the timely receipt of a complete loan modification application, Servicer shall evaluate borrowers for all available loan modification options for which they are eligible prior to referring a borrower to foreclosure and shall facilitate the submission and review of loss mitigation applications. The foregoing notwithstanding, Servicer shall have no obligation to solicit borrowers who are in bankruptcy. Servicer shall offer and facilitate loan modifications for borrowers rather than initiate foreclosure when such loan modifications for which they are eligible are net present value ( NPV ) positive and meet other investor, guarantor, insurer and program requirements. As indicated in paragraph I.A.18, Servicer shall send a statement to the borrower outlining loss mitigation efforts undertaken with respect to the borrower prior to foreclosure referral. If no loss mitigation efforts were offered or undertaken, Servicer shall state whether it contacted or attempted to contact the borrower and, if applicable, why the borrower was ineligible for a loan modification or other loss mitigation options. Servicer shall ensure timely and accurate communication of or access to relevant loss mitigation status and changes in status to its foreclosure attorneys, bankruptcy attorneys and foreclosure trustees and, where applicable, to court-mandated mediators. Single Point of Contact 4. The SPOC SHALL, at a minimum, provide the following services to borrowers : a. Contact borrower and introduce himself/herself as the borrowers SPOC ; b. Explain programs for which the borrower is eligible ; c. Explain the requirements of the programs for which the borrower is eligible ; d. Explain program documentation requirements ; e. Provide basic information about the status of borrowers account, including pending loan modification applications, other loss mitigation alternatives, and foreclosure activity ; f. Notify borrower of missing documents and provide an address or electronic means for submission of documents by borrower in order to complete the loan modification application ; g. Communicate Servicers decision regarding loan modification applications and other loss mitigation alternatives to borrower in writing ; h. Assist the borrower in pursuing alternative non-foreclosure options upon denial of a loan modification ; i. If a loan modification is approved, call borrower to explain the program ; j. Provide information regarding credit counseling where necessary ; k. Help to clear for borrower any internal processing requirements ; and l. Have access to individuals with the ability to stop foreclosure proceedings when necessary to comply with the MHA Program or this Agreement. The SPOC shall remain assigned to borrowers account and available to borrower until such time as Servicer determines in good faith that all loss mitigation options have been exhausted, borrowers account becomes current or, in the case of a borrower in bankruptcy, the borrower has exhausted all loss mitigation options for which the borrower is potentially eligible and has applied. Servicer shall ensure that a SPOC can refer and transfer a borrower to an appropriate supervisor upon request of the borrower. Servicer shall ensure that relevant records relating to borrowers account are promptly available to the borrowers SPOC, so that the SPOC can timely, adequately and accurately inform the borrower of the current status of loss mitigation, loan modification, and foreclosure activities. Servicer shall designate one or more management level employees to be the primary contact for the Attorneys General, state financial regulators, the Executive Office of U.S. Trustee, each regional office of the U.S. Trustee, and federal regulators for communication regarding complaints and inquiries from individual borrowers who are in default and/or have applied for loan modifications. Servicer shall provide a written acknowledgment to all such inquiries within 10 business days. Servicer shall provide a substantive written response to all such inquiries within 30 days. Servicer shall provide relevant loan information to borrower and to Attorneys General, state financial regulators, federal regulators, the Executive Office of the U.S. Trustee, and each U.S. Trustee upon written request and if properly authorized. A written complaint filed by a borrower and forwarded by a state attorney general or financial regulatory agency to Servicer shall be deemed to have proper authorization. Servicer shall establish and make available to Chapter XXXX trustees a toll-free number staffed by persons trained in bankruptcy to respond to inquiries from Chapter XXXX trustees. Servicer shall consider partnering with third parties, including national chain retailers, and shall consider the use of select bank branches affiliated with Servicer, to set up programs to allow borrowers to copy, fax, scan, transmit by overnight delivery, or mail or email documents to Servicer free of charge. Development of Loan Portals. 1. Servicer shall develop or contract with a third-party vendor to develop an online portal linked to Servicers primary servicing system where borrowers can check, at no cost, the status of their first lien loan modifications. 2. Servicer shall design portals that may, among other things : a. Enable borrowers to submit documents electronically ; b. Provide an electronic receipt for any documents submitted ; Provide information and eligibility factors for proprietary loan modification and other loss mitigation programs ; and c. Permit Servicer to communicate with borrowers to satisfy any written communications required to be provided by Servicer, if borrowers submit documents electronically. 3. Servicer shall participate in the development and implementation of a neutral, nationwide loan portal system linked to Servicers primary servicing system, such as Hope LoanPort to enhance communications with housing counselors, including using the technology used for the Borrower Portal, and containing similar features to the Borrower Portal. 4. Servicer shall update the status of each pending loan modification on these portals at least every 10 business days and ensure that each portal is updated on such a schedule as to maintain consistency. Loan Modification Timelines. 1. Servicer shall provide written acknowledgement of the receipt of documentation submitted by the borrower in connection with a first lien loan modification application within 3 business days. In its initial acknowledgment, Servicer shall briefly describe the loan modification process and identify deadlines and expiration dates for submitted documents. 2. Servicer shall notify borrower of any known deficiency in borrowers initial submission of information, no later than 5 business days after receipt, including any missing information or documentation required for the loan modification to be considered complete. 3. Subject to section IV.B, Servicer shall afford borrower 30 days from the date of Servicers notification of any missing information or documentation to supplement borrowers submission of information prior to making a determination on whether or not to grant an initial loan modification. 4. Servicer shall review the complete first lien loan modification application submitted by borrower and shall determine the disposition of borrowers trial or preliminary loan modification request no later than 30 days after receipt of the complete loan modification application, absent compelling circumstances beyond Servicers control. 5. Servicer shall implement processes to ensure that second lien loan modification requests are evaluated on a timely basis. When a borrower qualifies for a second lien loan modification after a first lien loan modification in accordance with Section 2.c.i of the General Framework for Consumer Relief Provisions, the Servicer of the second lien loan shall ( absent compelling circumstances beyond Servicers control ) send loan modification documents to borrower no later than 45 days after the Servicer receives official notification of the successful completion of the related first lien loan modification and the essential terms. 6. For all proprietary first lien loan modification programs, Servicer shall allow properly borrower financials to be used for 90 days from the date the documents are received, unless Servicer learns that there has been a material change in circumstances or unless investor requirements mandate a shorter time frame. Independent Evaluation of First Lien Loan Modification Denials. Except when evaluated as provided in paragraphs IV.B.8 or IV.B.9, Servicers initial denial of an eligible borrowers request for first lien loan modification following the submission of a complete loan modification application shall be subject to an independent evaluation. Such evaluation shall be performed by an independent entity or a different employee who has not been involved with the particular loan modification. Servicer shall not, in the ordinary course, require a borrower to waive or release claims and defenses as a condition of approval for a loan modification program or other loss mitigation relief. However, nothing herein shall preclude Servicer from requiring a waiver or release of claims and defenses with respect to a loan modification offered in connection with the resolution of a contested claim, when the borrower would not otherwise be qualified for the loan modification under existing Servicer programs. Short Sales 1. Servicer shall make publicly available information on general requirements for the short sale process. 2. Servicer shall consider appropriate monetary incentives to underwater borrowers to facilitate short sale options. 3. Servicer shall develop a cooperative short sale process, which allows the borrower the opportunity to engage with Servicer to pursue a short sale evaluation prior to putting home on the market. 4. Servicer shall send written confirmation of the borrowers first request for a short sale to the borrower or his or her agent within 10 business days of receipt of the request and proper written authorization from the borrower allowing Servicer to communicate with the borrowers agent. The confirmation shall include basic information about the short sale process and Servicers requirements, and will state clearly and conspicuously that the Servicer may demand a deficiency payment if such deficiency claim is permitted by applicable law. 5. Servicer shall send borrower at borrowers address of record or to borrowers agent timely written notice of any missing required documents for consideration of short sale within 30 days of receiving borrowers request for a short sale. 6. Servicer shall review the short sale request submitted by borrower and communicate the disposition of borrowers request no later than 30 days after receipt of all required information and third-party consents. 7. If the short sale request is accepted, Servicer shall contemporaneously notify the borrower whether Servicer or investor will demand a deficiency payment or related cash contribution and the approximate amount of that deficiency, if such deficiency obligation is permitted by applicable law. If the short sale request is denied, Servicer shall provide reasons for the denial in the written notice. If Servicer waives a deficiency claim, it shall not sell or transfer such claim to a third-party debt collector or debt buyer for collection. Servicer shall develop and implement policies and procedures to ensure that REO properties do not become blighted. E. Potential Violations and Right to Cure 1. A Potential Violation of this Consent Judgment occurs if the Servicer has exceeded the Threshold Error Rate set for a Metric in a given Quarter. In the event of a Potential Violation, Servicer shall meet and confer with the Monitoring Committee within 15 days of the Quarterly Report or Monitor Report indicating such Potential Violation. 2. Servicer shall have a right to cure any Potential Violation. 3. Subject to Section E.4, a Potential Violation is cured if ( a ) a corrective action plan approved by the Monitor ( the Corrective Action Plan ) is determined by the Monitor to have been satisfactorily completed in accordance with the terms thereof ; and ( b ) a Quarterly Report covering the Cure Period reflects that the Threshold Error Rate has not been exceeded with respect to the same Metric and the Monitor confirms the accuracy of said report using his or her ordinary testing procedures. The Cure Period shall be the first full quarter after completion of the Corrective Action Plan or, if the completion of the Corrective Action Plan occurs within the first month of a Quarter and if the Monitor determines that there is sufficient time remaining, the period between completion of the Corrective Action Plan and the end of that Quarter. 4. If after Servicer cures a Potential Violation pursuant to the previous section, another violation occurs with respect to the same Metric, then the second Potential Violation shall immediately constitute an uncured violation for purposes of Section J.3, provided, however, that such second Potential Violation occurs in either the Cure Period or the quarter immediately following the Cure Period. 5. In addition to the Servicers obligation to cure a Potential Violation through the Corrective Action Plan, Servicer must remediate any material harm to particular borrowers identified through work conducted under the Work Plan. In the event that a Servicer has a Potential Violation that so far exceeds the Threshold Error Rate for a metric that the Monitor concludes that the error is widespread, Servicer shall, under the supervision of the Monitor, identify other borrowers who may have been harmed by such noncompliance and remediate all such harms to the extent that the harm has not been otherwise remediated. In conclusion, Chase Bank and or Chase Home Finance has breached their contract with me, violated the terms of their various signed consent decrees with the United States and state governments and intentionally drove me into foreclosure and bankruptcy because it was more lucrative for me to fail than to provide me with any relief. JP Morgan Chase Bank sent me THREE SEPARATE letters admitting that they owe me the money for the vacant property registration and refuse to reimburse me for the back taxes, clean up & multiple court appearances. Thereafter, they hired outside attorneys to lie for them in the Superior Court of New Jersey and state that they do not owe me any money for vacant property fees and they do not have to reimburse me for any of my cost and expense. JP Morgan Chase Bank auctions are criminal! I believe I have provided overwhelming documents that proves ; Chase Bank received ALL of my requested documents and they intentionally lied and ignored my repeated request for assistance because they knew they were going to be compensated by servicing the loan AND receiving credits from the federal government. I am requesting full reimbursement and to be made whole for the following reason : 1. Full reimbursement for vacant property fees 2. Full reimbursement for paid taxes/back taxes 3. Full reimbursement for court appearances and parking 4. Pain & Suffering 5 Intentional infliction of emotional distress 6. Negligent infliction of emotional distress 7. Committing malice in their wrongful conduct 8. Breach of Contract 9. Lost of Property
08/31/2020 Yes
  • Vehicle loan or lease
  • Loan
  • Getting a loan or lease
  • Fraudulent loan
  • AZ
  • 85018
Web
PLEASE REFER TO THE FULL DETAILS WRITTEN WITHIN 1-65 PAGES PDF INCLUDED THIS WILL BETTER EXPLAIN WITH FULL LENGTH DETAIL. Hi my names XXXX XXXX and I wanted to first thank you for your time, consideration, and care over my list of valid complaints and regulatory/law violations that I now have unrefutable proof to support my claims in and of their entirety. I also would like to apologize for any ranting ahead of time seeing as how I am still trailing a severely excrutiating amount of frustration, disgust, and disgruntlement over the way I have been mistreated and uncared for by Carvana, XXXX in house lender with carvana, and their warantee company XXXX XXXX. So much so that it is absolutely disappointing/disgusting at best, and highly unethical, illegal, and potentially even criminal at worst given my valid plethora of proof and takeaways thru my experience with doing business with Carvana, XXXX, XXXX XXXX, and its representatives. My complaints surround mainly Carvana LLC, but also its in house lender XXXX, and its affiliate XXXX XXXX handling their XXXX XXXX, and the many lending laws companys like Carvana LLC and its in house lender are bound to follow and ensure proper escallation guidelines are in place and exhausted to properly document, resolve, and/or to prevent overt impacts being brought onto their clients. These Laws and regulations violations I am claiming Carvana clearly, intentionally, and severely violated without a doubt being UDAAP Unfair Deceptive Acts and Practices, Truth in Lending laws/regulations, Consumer Financial Protection Act and Dodd-Frank Act, Equal Credit Opportunity Act ECOA, and AZ Lemon Laws. To start I will explain from the beginning to paint the best picture in which i have supplied all dates within my communications, pictures, contracts, original sales page, 150 pt inspection list, car fax, and the many more files included in my large pdf compiled. I also have the recording of the over the phone conversation XXXX had with me clearly stating the negative input of the XXXX mechanic given the vehicles current state and expected future, highly expensive, major unaddressed complications to expect thereof especially with the type of problems incurred now occurring so early in the vehicles life at this time per XXXX XXXX mechanic inspection. Repairs so far known as immediately needed are a new radiator fan and new AC Compressor for clarity. XXXX mechanics also agree that this vehicle is and was sold to me as one heck of a Lemon for lack of better phrasing per the mechanics way of putting it into terms. Non the less I will explain to the fullest and in its entirety regarding the situation and the nature of the specific violations they have committed within carvana LLC, XXXX, and in connnection XXXX XXXX negligenty and intentionally without a care of the harm and/or hazards brought and done onto me, my family ( wife and daughter XXXX years old ) and onto others alike with potentially lower than perfect credit many of whom share similar experiences as my own per online reviews and social media posts discovered. Whereas I am not in a position to fight the complaints of others, but I'm led to believe out of the actions and carelessness willfully taken by and exhausted by Carvana, XXXX, XXXX XXXX, and their employees in additon to the experiences Ive had and documentation thereof to support such complaints that Carvana, XXXX, and XXXX XXXX may be conspiring to commit CONSUMER FRAUD on a grand scale to do the same if not similar acts to impact the masses of less than perfect credit customers and in doing so leaving an overbearing burden on their clients and other local businesses sharing similar market interests. Mind you I am now outside of the 7 day return period and even with a slight 2 day extension granted as a result of the vehicles pre existing mechanical issues which took me to XXXX XXXX XXXX and my vehicle is still in the shop without the greenlight from XXXX XXXX XXXX to approve the work to be started. Now the vehicle has been in the shop for a severly unreasonable amount of time since monday XXXX after sitting in the parking lot unmoved all weekend at my apartments since pickup Saturday XXXX and I only got to test drive it home approx 15 miles only to discover the overheating issue while A/C is running which is beyond the engine noise issue only acknowledged as an issue by me and carvana rep at time of pickup leading to the ASR Report filing by the agent of carvana to enable the fixes that havent been approved causing me to lapse on my return period. All the while they had plenty of time and knowlege of the work to be done by XXXX mechanic inspection but have yet granted the approval to start the actual fix. With this just being the tip of the iceberg please allow me to fully explain so you take away the best picture as to how all this truly came to be and you will see by the end that invevitably an investigation into their lending practices and regulatory obedience is absolutely neccessary to uncover how large the previously mentioned conspiracy to commit CONSUMER FRAUD on a grand scale is and has been within Carvana, XXXX, and their associated Warantee Company XXXX XXXX as I suspect given how everything happened so far. Sadly this is my first and my worst certified used car purchase experience whereas I have had better luck with vehicles purchased in my younger years thru private parties with over XXXX and they even lasted longer than the XXXX of a Lemon they falsely advertised and sold me the private party vehicles previously noted survived longer and with less work if any ever needed beyond oil changes and similar common maintenance. This brings me to my next point which the XXXX XXXX mechanics feel is all i should have to worry about is common maintenance oil change brake changes etc even with this XXXX XXXX age and mileage. Knowing my claims and knowing very well the Laws described as a banker whom previously originated loans for majority of my banking career myself and having to exhaust measures to comply and if needed escalate and document day over day in my own job I refuse to be played as a fool and taken advantage of by Carvana, XXXX, and XXXX XXXX warrantee, and am now first trying to gain a FULL resolve to the fullest extend permitted by the presiding laws, regulations and penalties thereof as described. This including the tier 3 CONSUMER PROTECTION ACT VIOLATIONS and the many others alike previously noted and claimed as violated by Carvana, XXXX, and its affiliated XXXX XXXX warrantee. My goal is to reach a fully encompassed and appropriate resolution with filing this complaint and to the extent that I see and know as allowable by law as it is clearly written. Otherwise should this complaint not prevail as expected, as easy it is to prove, and should Carvana and the other affiliates not want to take ownership of their, especially CARVANA LLC, severe violations and unethical nature of the violations therof then I will be left no choice other than to pursue my claims including additional PUNITIVE DAMAGES after consulting my attorney if needed therof to take action in a formal civil litigation lawsuit where a Judge will mandate Carvana LLC and any other associated affiliates to be investigated, placed under severe regulatory overwatch should they be allowed to operate further, and penalized both civil and federally thus investigated to the fullest extent of their violations and the penalties thereof as this case is pretty black and white in its entirety and my documented proof will justify such at any time just as I am proving to you within the CFPB. Especially now that I may be facing soon a loss of job due to having now been sold severely unreliable transportation that is overly prone to severe breakdowns soon per the XXXX mechanics inspection and experience. Which to better explain once my job determines working from home is no longer needed/available and a return to the office is mandatory me and my family will be left with the severe overt impact this Carvana LLc Company has caused on top of the overt impacts already suffered on account of their length of negligence and lack of care towards their customers and towards the laws that govern their sale activities and abilities thereof. I will explain from the beginning. Me and my family had been involved in a Hit and Run accident that left me my previous vehicle at a total loss and in a deficit still owing on the other vehicle. So moving forward I chose to give Carvana a chance approx XXXX and applied online to see what I may be approved for to obtain another vehicle. Carvana had at that time approved me for financing at a high interest rate with a {$2900.00} down payment and no vehicle trade in. I took my time to research the available vehicles and was originally looking into something similar to my XXXX XXXX XXXX but later me and my family chose to go with a bigger vehicle we felt safer in due to the nature of the damage to the XXXX on such a low speed impact which upon continuing to search we found this unique looking XXXX different than the rest. The XXXX was within my price range yielding a {$2900.00} down payment requirement even with additional warrantee coverage and gap insurance. Also compared to many other vehicles listed the XXXX XXXX XXXX had a clean XXXX including regular in shop oil changes etc as listed and the XXXX had a supposed clean 150 pt inspection listed as done on XXXX stating the vehicle was fully operational without issue this including the areas around where the issues I have experienced since are occurring. Therefore at that time we determined as a family it would be best to go with the XXXX and despite the year and mileage on account of the history of the jeeps XXXX and 150pt inspection records and care for thereof that made us feel we were making a purchase of a quality fully functional vehicle as Carvana continued to what we now know to be falsly promoted via email and on their site. Within the time of shopping from XXXX thru XXXX we were making last minute choice changes only to revert back to the XXXX as our final choice by XXXX thru XXXX me and my family were making our final choice around going forward with the XXXX per our final decision making to choose a larger vehicle that made me and my family feel safer. Included are the previous and final version of the signed contract up till day of pickup. During this time I almost lost my ability to purchase the XXXX making changes to my vehicle of choice and luckily it became unreserved and was able to be reverted back to the XXXX shortly after and reserved as my selected vehicle under my profile. Whereas Carvana was ready to sell to another party and would of just as easily bestowed the same issues onto someone else without a doubt and without any care as my experience has proven from beginning to end. Without any clear care for Federal and State Laws/Regulations in addition as you will see with my explanation and proof thereof. This after all my experiences leads me to firmly beleive the acts and violations committed very well may be being commited by Carvana, XXXX, and their Warantee Company XXXX XXXX intentionally against me, my family, and other less than perfect credit customers alike on a grand scale leaving them stuck with broken lemon vehicles that havent been cared for as they advertise prior to listing thus leading to the inevidable sale of these vehicles such as the Lemon " XXXX XXXX XXXX '' sold to me and my family carelessly. Moving on with my explanation and fine points. Once I had everything in line from funds verification, document verification, contract signed, and insurance swapped over from my previous vehicle on friday by approx XXXX to XXXX I wake up saturday XXXX at XXXX XXXX in the morning to find out that Carvana unexpectedly has emailed me to reschedule my pickup time due to a newly discovered COSMETIC concern and that they quote on quote per their email say in writing '' CARVANA WANTS TO PROVIDE ME THE VEHICLE AS IT WAS ADVERTISED ''. This told me nothing to the true extend of the reasoning behind the delay. Upon calling Carvana to find more information I was advised by their phone representative that it appears that the cosmetic concern is actually a result of a Carvana employee whom hit the XXXX XXXX Bumper with a vehicle while driving to move another vehicle. I was bitterly furious and livid to find this out as to how this could of carelessly happened and having to call myself to find the truth as to what happened rather than be told upfront and truthfully. Not to mention also having to of called myself to attempt to escalate the issue and find out the truth rather than simply being told the truth via email, or even called to be informed of the occurrence, how they will be fixing it, and my rescheduling options. I then sent further emails requesting this issue be escalated, for a supervisor to contact me, and for pictures to be sent to show the extent of the damage their employee had done. I also emailed them around XXXX XXXX requesting further accommodations due to the nature of the issue and inconvenience which was ignored. One request was to have the vehicle delivered waiving the charge of {$500.00} since I had to make alternative arrangements that may have further impacted my jobs in addition to the time I already had to take off unpaid to resolve these issues. Out of my requests NONE of which were ever done and after about a week of waiting and following up with Carvana to find out if info and formal pictures of the bumper issue will be sent and if someone can better explain to me how this could of happened so carelessly. I kept in communication to no avail for days on in with the understanding that this bumper replacement would of taken till XX/XX/XXXX for the part to be delivered for replacement. Over the next few days I continue to call taking unreasonable amounts of impactful time off work to find out if they have any update only to eventually find out all they are willing to do is paint the bumper rather than replace it. This being after days of waiting to find any info out. Still no pictures or other supporting documentation was provided as requested in regards to the damage done prior to pickup. Also this overall determination took a severly unreasonable amount of time to come to conclusion on to be able to move forward with the sale. Not to mention the obvious devaluation of the collateral vehicle due to the incident. Mind you still to this day they have never updated their site sale page as listed to indicate the additional accident and repair nor did they update the advertised mileage as required instead they kept the originally stated mileage which was XXXX as shown in the pictures of original advertisement. On Wed XXXX XXXX XXXX from Carvana phone number XXXX I was called and left a Voice Message by a representative within Carvana LLC Named XXXX. This agent XXXX I spoke to over the phone and actually followed up as promised, only once, to advised me saying the earliest time Carvana can have the car ready for pickup is Friday XXXX at XXXX which inevitabely had to be rescheduled online for the following saturday XXXX to avoid further impacts to my job and paid time worked vs unpaid time taken off to address and handle issues that Carvana has caused and provided little to no effort to resolve or escallate appropriately. Upon me having discovered the issue of the Carvana LLC Employee hitting the XXXX and time originally quoted to fix the bumper thru replacement but was later only painted supposedly and without supporting documentation provided to me as requested to affirm the damage and fix. I luckily avoided further negative financial impact unto me and my family in having to swap the vehicle under my insurance back to my older vehicle listed up until the XXXX was further ready for pickup proceeding the fix. This action having to be taken almost caused me to have a gap in covereage for my auto insurance and would of cost me a plethora more financially month over month year over year in premiums had the agents not been able to aviod the gap in coverage. Luckily this was avoided and situated to reprocess the same quote when the time was right later in the month of XX/XX/XXXX. Moving forward once XXXX came around and vehicle was ready for pickup I once again had to take yet another expensive XXXX ride to their XXXX Location " Vehicle Vending Machine '' address of which is listed in the many pictures on my pdf. Upon arrival I waited until my appointment time approx XXXX and the agent gave me the paperwork in the folder shown in my pdf file compilation. She explained the vehicle still needs to be taken into emissions to pass within a few days and to use the voucher to avoid the cost after the drive cycle is complete after so many miles driven. To me this is something that should of been done just like a formal ACCURATE inspection well before my pickup especially with all the time they had the vehicle in surplus of my original pickup date and additionally the extra driving of XXXX approx. miles a Carvana Employee drove it beyond the advertised listing mileage which should of been a complete drive cycle enabling Carvana LLC to ensure it will even pass emissions and obtaining the certification for such and fixing any issues prior to selling or even listing for sale. Once the paperwork was provided in person as shown in the pdf pictures ( return paper and car fax and few other documents ) and I initiated the coin into the vending machine the rep had to drive the vehicle around front to me for showing since their vending machine wasnt fully operational due to faulty mechanical problems as explained by XXXX the ON SITE AGENT at the location assisting had explained. Non the less when the vehicle was driven around for my viewing it immediately was further acknowledged by XXXX and initially acknowledged by Myself to be having clearly audible severe engine noises from an unknown location within the engine. At that time the vehicle was parked and idling I further inspected the XXXX XXXX both while on and off and at that time the Agent explained since this is a problem that was pre-existent prior to sale and pickup they will file a ASR Case to have Carvana LLC fix the issues in their entirety and this allows to see if it corrects itself since she claimed it just had an oil change, or she says I can return the vehicle and get another. Which is insult to injury at this point as I am still piecing all the puzzle peices together boggled as to how this all could of been overlooked and become a problem for me so carelessly under such a companies guidance and managent who should be providing measures to prevent this from ever happening within reason. Even then after seeing the bumper I didnt even notice if they had actually done anything to the bumper as it didnt look like it had been painted as claimed and the agent didnt know any of the details about the damage location or repair either aside from it supposedly being addressed. I chose to allow them the opportunity to fix the issues evident as existing prior to the official sale. This taking place once inspected and root of issue discovered and to enable them the opportunity to correct the issues and have the vehicle to be sold as it was advertised to me and my family. Also just as I mentioned before as to how Carvana assured me in writing via email that their goal was to provide me the vehicle AS ADVERTISED when they had to fix the bumper issue. I allowed her to file the case taking their advise with the understanding Carvana LLC was to fix the issue as a result of this issue existing prior to pickup as XXXX confirmed. I then basically test drove the vehicle only to find out soon after within 15 miles of test driving the vehicle home that the vehicle is overheating and made it to 3/4 of the way to H on the Temprature gauge of the vehicle and luckily was able to cut the a/c and make it home without incurring a severe engine failure and without it making it all the way to H thankfully preventing a on the spot full engine overheat and failure. As you see noted via email to Carvana LLC at the XXXX addressing the newfound overheating issue in addition to the pre existing issue of loud engine noise clunking prior to pickup I sent to Carvana via email on XXXX at XXXX explaining in detail the overall issues in addition to the overheating experienced and left unaddressed for weeks prior to pickup and thru many more shop visits for the additional repairs. I further sent an email on XXXX at XXXX to XXXX to have noted and affirm I only drove 15 miles approximately home whereas the vehicle was provided to me with approx XXXX miles more than the advertised mileage and even so the listed mileage on the Final and only Signed contract Signed by me and Carvana LLC financed thru XXXX that I have included from XXXX stating the mileage of XXXX not XXXX with the exception of the approx 15 miles I drove home and left the vehicle parked to avoid engine failure and other issues alike with the vehicle. I included the picture of the odometer I took on XXXX as the XXXX was disabled and parked until the direction was given on XXXX XXXX from Carvana LLC and XXXX XXXX via email on how and where to take the XXXX to start having it inspected to be fixed. I included screen shots of the video camera videos I have of the vehicle parked unmoved over the weekend leading to the towing of the vehicle on monday XXXX to the XXXX Shop located at XXXX XXXX XXXX XXXX. XXXX AZ XXXX Phone number XXXX at the expense of myself and my insurance company. Which is just one additional overt negative financial impact brought onto me and my family and now my insurance company XXXX for a problem they should of had clearly acknowledged and fixed prior to even listing for sale beyond their 150 pt supposed inspection. On monday XXXX I also took it upon myself to exhaust my freedom of speach and freedom of press leading to the exhaustion of my freedom of expression and made posts on XXXX to highlight the nature of my experiece so far and embelish that I still had faith in a formal resolve. The online agent on XXXX requested direct message via DM and I did as you see screen shotted only to eventually not get anywhere when they over promised to keep in touch with their teams to escallate this issue and see it thru. This conversation was further noted over the next week up until i lost faith in their escallation efforts, if any. Which it will be evident as to why by the time I fully explained my whole story. I further included pictures showing the time and date of the video screen shots showing the vehicle no longer in my parking lot after being towed to XXXX on Monday XXXX at approx XXXX that afternoon. I then was in clear communication with XXXX awaiting for tuesday XXXX just for the inspector to be present on duty to inspect the vehicle and once I was able to get affirmation as to the problems I was repeatedly told XXXX mechanics they would contact XXXX XXXX to explain the needed fixes and from that point on I kept calling day over day only to find out that they were still waiting for the GreenLight as they call it to even start the work once fully approved. I called XXXX that week before and was advised simply they would make sure it all gets across to XXXX as needed which at this time now as I write this I see that as clear over promise of a resolution to my escallated situation. Come around Wed. XXXX I was told by the mechanics it seems all is well and by thursday XXXX I called and was told by the other mechanic whom was telling me he wasnt sure what i was told and that he is still waiting on the green light now that they so far have communicated everything to XXXX XXXX. By this time the mechanic at XXXX told me " so far thats all the problems, so far, that they are able to determine but man they sold you one heck of a Lemon '' which I have recorded video-audio of the XXXX mechanics stated to me that these problems shouldnt be occuring this early in the vehicles life and its a clear red flag for bigger and worse problems soon down the line and that the fix now would of been {$1400.00} out of my pocket if the Warantee was not covering it and to pretty much expect more major problems down the line which basically leads me to conclude in Carvana LLC selling this vehicle with these obvious unadvertised unaddressed and heavily neglected issues clearly there actions violated AZ Lemon Laws, Truth in Lending, Consumer Financial Protection Act, ECOA Equal Credit Opportunity Act, and have successfully crucified me and my family financially now and in the future now that I can firmly expect to experience bigger issues with no telling whether XXXX XXXX will cover all the needed repair costs, but the base principle beyond that point is this vehicle that obviously real mechanics can easily identify and acknowledge major problems with should of been fixed prior to listing for sale and or sold as a fully operational vehicle as it was advertised to be. Its also apparent that Carvana LLC never fully inspected this vehicle as advertised to of been XXXX nor cared to acknowledge the issues that were clearly existent to even non mechanics let alone the XXXX XXXX mechanics well before this vehicle was listed for sale. As mentioned before and now with the input of the XXXX XXXX mechanics taken into account its evident that I may be soon faced with loosing my jobs in the near future as result of their overt violations and actions, negligent care of, and lack of policy escallation guidelines and appropriate remedies thereof leaving me without reliable transportation which Carvana LLC heavily and falsly promotes with thier overpromised advertising of the HIGH quality of their products/vehicles and inspection standards. This is an overt impact I may incur soon enough resulting from expected major breakdowns as clearly anticipated by XXXX mechanics for this very XXXX and the nature of the problems this early in life and their length of experience to back up such claims. Now in attempting to escalate this issue within Carvana LLC I only was able to obtain apology after apology and a slight 2 day extension to my return period whereas they refused to get me in touch with a manager repeatedly claiming to be senior representatives and they have the authority of managers when clearly they lacked the competency of such authority as shown in their lack of efforts in escalating my situation as needed. This taking place among my many communications via email, Social Media, and Call ins to support line representatives within Carvana LLC and additionally my call into XXXX XXXX encompassing the over promises of a full expeditious resolve of a problem that should of first and foremost never been a problem prior to advertising with intent to sale a product to the general public of consumers let alone the finalization of a sale with expressed knowledge of such issues. This substantiates itself seeing as how still to this very day I am left without a operable vehicle that is still in the shop without even having the work started after the shop having the vehicle for 7 days and with XXXX XXXX having plenty of room and personel to process the approval to give the XXXX shops mechanics the green light to start the work. Furthermore I later in the week on XXXX recieve a call from Carvana LLC Agents and on the same day at XXXX I recieve an email stating my 7 day return period is on its 6th day and almost expired. This poses a great deal of conflict, concern, and confusion as a result of how the online portal displays provided the two day extension timeline I thought which ended on XXXX. I then call back to carvana llc to see if they were possibly calling with an update to my apparently not escalated situation/complaint/issue only to find this out as to why they called to explain that my last day of my return period is here and then I further expressed my concern over the presiding issues and again only received apology after apology and further insult to injury saying that I can return the vehicle still for another. I then called XXXX XXXX back and followed up only to find nothing has again been updated or approved and I explained to them that im almost outside my grace period and was told they will follow up with XXXX XXXX yet again. Mind you this is a vehicle i truly never had a chance to drive beyond the test drive let alone the fact that its been sitting unfixed in the XXXX shop for days waiting for the greenlight that since has still never been given. Now here we are on XX/XX/XXXX both XXXX Shop and XXXX XXXX have been closed since closing on Saturday XXXX and I have no follow up from anyone and still my vehicle has not recieved the formal approval as requested by XXXX days ago to start the repairs and my original return period and my 2 day extension has officially expired as shown in the screen shots and I now have been stuck with a broken disabled vehicle that Carvana LLC financed thru in house financing thru XXXX since day one. This leaves me no other choice as to follow thru with my formal complaint. If needed provided the lack of sufficient resolve per my expectations which will be to the fullest extent of the laws regulating such transactions then I will be left no choice but to follow thru with contacting my attorney to file a formal civil litigation law suit to pursue my claims in addition to the punitive damages incurred and soon to be incurred down the line as a result of Carvana LLC and its Affiliates overt actions and clear malicious intentions. Me and my family are now left without a vehicle having to walk in excessive heat to handle my normal family obligations, or pay excessive tolls to take XXXX rides, and for many this would already have been a total loss of their job, or other heavy gravity consequences at that hands of Carvana LLC, XXXX, XXXX XXXX, and their employees. As I have told Carvana LLC in many forms of communication apologies dont explain to a persons boss why an employee isnt reliably available and on time or able to hold their end of their own obligations because he cant get to work to fufill his responsibilities. I am left only to firmly believe and firmly can prove Carvana LLC in addition to its affiliates commited overt consumer fraud against me and in doing so severly violated Consumer Finacial Protection Act, UDAAP, Truth in Lending Act, ECOA, and AZ Lemon Laws blatantly robbing me of my {$2900.00} Down Payment I paid and has posted as a debit to my account for such. Above all the vehicle is still unfixed in the shop and out of my posession to even fathom a return if I chose to do so, and still XXXX has no formal approval from XXXX XXXX to Fix the Vehicle. Me and my family as I described to Carvana LLC shouldnt have to sacrifice our choice of vehicle because they chose to DECEPTIVELY FALSIFY their advertisements and FAILED to fully address and fix the blatant issues I am having addressed in the mechanic shop now which again still havent been granted approval by XXXX XXXX to even start the repairs, and clearly shouldnt have been a problem in the first place before they list a product for sale as fully operable in all areas per their own inspection and details within the advertisement page online. I can only come to one conclusion from my experience, understanding of the presiding laws, and the nature of conduct/gravity of their violations
11/07/2018 Yes
  • Student loan
  • Federal student loan servicing
  • Dealing with your lender or servicer
  • Received bad information about your loan
  • WY
  • 82001
Web
This is my second time filing a complaint on the same company ; therefore the first part I write will be a repeat from my first complaint. I was looking into a " student loan forgiveness program '' and I came upon Equitable Acceptance. I spoke with this company on XX/XX/XXXX for over an hour as they explained to me that I would need to pay {$49.00} every month for approximately 3 years and after the three years of paying faithfully my student loan would be forgiven. I was super excited and agreed to this. I have been paying {$49.00} faithfully since with extra fees added on at times. In XX/XX/XXXX I paid {$55.00} ; XX/XX/XXXX I paid {$100.00} ; XXXX XXXX I paid {$50.00} and {$53.00}. I received a federal loan statements in XX/XX/XXXX and this is when I became confused ; therefore I did not pay Equitable Acceptance in XX/XX/XXXX and XX/XX/XXXX. I spoke to Equitable Acceptance who then explained to me that I paid them to find a student loan forgiveness company for me and there is nothing they can do about them not paying my student loan, but I would need to continue to pay Equitable Acceptance or they would send me to collection. This of course scared me as I am currently working on my credit and do not want anything sent to collection so I agreed to start paying them again in XX/XX/XXXX. I did ask for the name and phone number of the company they had found to pay my student loans off and they told me XXXX XXXX XXXX at XXXX and I called this number multiple times ; including today ( XX/XX/XXXX ) and left messages requesting a call back and I have yet to receive a call back and each time I have called I have never spoke with a live person. Today I called and spoke to the U.S. Department of Education and told them my situation and they were very helpful and understanding and they had informed me that plenty of people has been scammed with these other companies. I really need help on what I need to do because I don't want to keep paying money to a company that is not doing what they had told me they would do for me. The following is the e-mail from the company telling me that my student loan will be paid : XXXX, This is an update from XXXX XXXX regarding your student loan submission. Your Loan Verification Certificates have been submitted to your loan servicer/s in order for them to respond to the Department of Education ( DOE ) for the total payoff of your loans. Once a response is received, the DOE will pay off your current loans in full to initiate the first step in your consolidation. If there is any additional information required, we will contact you directly to request this information. It is not uncommon for you to receive a statement from your new loan servicer prior to your next status update from u. This statement is called a " loan summary statement '' showing a payment amount which reflects a Standard Program. This is part of your servicers mandated paperwork they are required to send to all new clients regardless of the program being entered. If you are enrolling into an Income Driven Repayment Program, please disregard this statement and allow an additional 2-4 weeks to receive your program terms reflecting your correct payment amount. We will notify you once your repayment terms have been confirmed. If you receive any paperwork that is confusing or inaccurate please do not hesitate to contact us so we may provide you with a more recent update and/or clarify any questions/concerns. How to contact us : Fax XXXX Email : XXXX Our Processing and Customer Service Departments are available from XXXX to XXXX Pacific Standard Time , Monday through Friday at XXXX. Best regards, XXXX XXXX My student loan was never paid by the company. The following is an email from the federal student loan requesting for a payment. When I started receiving calls and email from the department of education requesting for a payment I called EAC and XXXX XXXX and EAC basically said there was nothing they can do about it and student advocates would not answer the phone. This is when I knew I had to turn to CFPB for some help. XXXX XXXX To : XXXX XX/XX/XXXX at XXXX XXXX XXXX XXXX Hello XXXX : We are reaching out to remind you of your upcoming payment. Amount Due {$3500.00} Due Date XX/XX/XXXX The easiest way to make a payment is online through Account Access. By paying online, you can target extra funds to specific loans, schedule payments in advance, and more. Sign in and make your payment today! The first time I sent my complaint EAC responded stating the following ; Company 's Response Ms. XXXX 's allegations, and demand are inaccurate, unfounded, defamatory, contrary to the documents she signed, as well as contrary to Equitable Acceptance Corporations ( EAC ) records and recorded conversations with Ms. XXXX. Ms. XXXX has benefitted substantially from the underlying transactions since the Fall of XXXX. Any present problems are the result of her failing to return many emails and telephone calls, and to comply with her contract and instructions. At best, Ms. XXXX is confused, or has been misled badly about the underlying transactions. This response will attempt to clarify the underlying transactions. As is explained below, however, Ms. XXXX does not owe EAC anything any longer, and EAC has requested that the credit bureaus with which it does business delete the EAC account from Ms. XXXX 's credit history. As an initial matter, and contrary to Ms. XXXX complaint, EAC did not solicit or otherwise offer in any way to assist Ms. XXXX with her student loan debt. No representative of EAC contacted Ms. XXXX about her student loan debt, or made any representation to her about her student loan debt. Any suggestion to the contrary is just simply wrong. To the contrary, Ms. XXXX entered into a document preparation and service agreement with a separate company unrelated to EAC XXXX XXXX, XXXX ( XXXX ). EAC was not a party to that agreement, and is, again, a separate unrelated company. The agreement between Ms. XXXX and XXXX, more importantly, clearly disputes Ms. XXXX 's concerns, and in particular the nature of her underlying arrangement with XXXX. Her contract with XXXX clearly states that it is a private company not affiliated with the Department of Education, and that XXXX would work directly on Ms. XXXX 's behalf with the DOE to help her identify assistance programs offered by the DOE. Ms. XXXX 's agreements with XXXX further state and make clear that she could, if she so chose, try on her own to navigate the DOE student loan debt relief process herself without paying anyone a fee. According to the XXXX XXXX XXXX XXXX, however, the DOE student loan debt relief process is unnecessarily complex and borrowers too often confront an impenetrable bureaucracy that prevents them from accessing their rights. Searching for Relief : Desperate Borrowers and the Growing Student Loan Debt Relief Industry, XX/XX/XXXX. Companies like XXXX thus offer their services for a fee, which is plainly set forth and made clear in the documents, to assist student loan debtors navigate this impenetrable bureaucracy. XXXX simply facilitates its clients access to income driven and similar programs offered by and/or through the DOE. Depending on the clients family size and income, the client may qualify, under an existing governmental program with predetermined benefits available depending on the clients individual circumstances, for debt relief, including reduced monthly payment obligations. The amount of any payment reduction depends on where and how the clients personal circumstances fit into a predetermined program and schedule of benefits. Determining what predetermined benefits are available to XXXX clients is one of the primary services provided by XXXX. In order to provide this service, XXXX obtains the requisite information needed from the debtor, and completes on behalf of the debtor the requisite DOE applications and forms. The service provided does not include negotiating for any forgiveness or reduction of the debtors loans. The service simply involves determining what relief is available to a specific debtor and applying for that relief. The service may result in reduced monthly payments for a period depending on the debtors individual circumstances, and consolidation of the debtors loans. That is the benefit received by the student loan debtor. The DOE process also requires thereafter annual renewals, which XXXX may, with certain clients, also agree to handle for the debtor for an agreed amount of time. In a number of respects, the service offered by and available through XXXX is similar to a tax payor hiring a tax preparer to prepare the persons tax returns. The tax payor could, if they so choose, attempt to prepare their returns on their own, or they can hire the tax preparer to do it for them. If the tax preparer is hired, a fee is charged for the service of completing the tax returns. The tax payors resulting tax burden is not affected by the tax preparer. The tax burden is a function of the tax payors individual circumstances and how they fit into a predetermined set of tax rules. XXXX 's offer of services to student loan debtors, like Ms. XXXX, is similar. In exchange for XXXX assistance in navigating and completing the DOE process, XXXX charges a disclosed fee. The end result again for the student loan debtor is a function of the student loan debtors personal circumstances and how they fit into a predetermined income driven or similar program and schedule of benefits. It is solely the clients individual circumstances, which drive and determine what level of assistance or relief is available to a XXXX client. If a student loan debtor decides to hire XXXX to apply for whatever benefits are available to the student loan debtor, an agreement by and between the debtor and XXXX is then memorialized in a written agreement and other related documents necessary to complete the DOE process e.g., financial information such as income and family size is obtained. The agreement contains a number of disclosures and terms, including but not limited to that the student loan debtor is free to try and navigate the DOE process on their own, and they are not obligated to pay XXXX unless and until XXXX successfully completes the DOEs benefit application process for the debtor. With respect to Ms. XXXX specifically, XXXX offered to wade through all the DOE paperwork, websites and applications for her, and obtain for her whatever benefits were available to her. If requested by Ms. XXXX, XXXX would assist her with assembling and processing the applications and documents, which make up the student loan debt assistance programs offered by the DOE, and also assist her with any annual renewals or re-certifications. There was no service fee due from Ms. XXXX to XXXX unless and until XXXX obtained for Ms. XXXX whatever benefits were available specifically to her. With this background, the records and information available to EAC indicate that Ms. XXXX then chose not to attempt the process on her own, and instead hired XXXX to do it for her. The written agreement executed by and between Ms. XXXX and XXXX is quite clear. XXXX then performed its part of the bargain for Ms. XXXX and applied for the DOE benefits available to her. For example, XXXX applied for and obtained enrollment for Ms. XXXX in the DOEs loan consolidation program effective XX/XX/XXXX, and then into the DOEs REPAYE program effective XX/XX/XXXX. After XXXX 's services and efforts, Ms. XXXX 's monthly payment obligation was reduced to {$0.00} effective. To stay in the REPAYE program, Ms. XXXX is required to recertify annually her income. Starting in XX/XX/XXXX, XXXX notified Ms. XXXX of the approaching time for her to renew. According to XXXX, it attempted to reach Ms. XXXX 38 times by email and 27 times by telephone about her need to renew. Each and every one of those attempts was ignored. Since Ms. XXXX did not renew her enrollment on time, her student loans went into default. XXXX, however, again tried to help her by obtaining a forbearance for her, which ended in XX/XX/XXXX. Still, Ms. XXXX has ignored all attempts to reach her. Even though it now appears from her complaint that Ms. XXXX does not appear to understand her DOE program and XXXX 's efforts, XXXX is in possession of a recorded conversation with Ms. XXXX in which she acknowledges and verifies her agreement with XXXX and the benefits she received. Mr. XXXX also appears to not understand EACs role in this matter. EAC did not get involved with Ms. XXXX until she had already agreed to hire and pay XXXX to assist her. Apparently, Ms. XXXX was unable or unwilling to pay XXXX all at once. At that point, EACs services were made known to Ms. XXXX. EAC was willing to pay XXXX for her, in exchange for Ms. XXXX then repaying EAC over time, with interest. The choice was once again Ms. XXXX 's to make. She could, if she so chose, submit a request and application to EAC asking EAC to pay XXXX for her. If EAC receives such a request from a student loan debtor like Ms. XXXX, EAC evaluates the application, as well as the agreement between XXXX and the debtor, and XXXX written assurance that the DOE process has been successfully completed and whatever benefit was available to the debtor has been obtained. EAC also obtains verbal verification from the debtor acknowledging the existence of the debtors request for a separate agreement with EAC. EAC then decides whether to accept or reject the application. If EAC accepts the request, EAC then enters into a separate agreement with the debtor pursuant to which EAC agrees to pay XXXX for the debtor, and in exchange, the debtor agrees to repay EAC over time with interest. In this instance, Ms. XXXX did in fact submit to EAC an application for EAC to pay XXXX for her. After reviewing Ms. XXXX 's request, her agreement with XXXX and verifying the situation with Ms. XXXX directly, EAC agreed to pay XXXX for Ms. XXXX and did in fact do so. An audio recording of Ms. XXXX acknowledging and verifying that EAC would be paying XXXX for her exists as well. In that recording, among other things, Ms. XXXX acknowledges that her payments to EAC are to repay EAC, and are not payments towards her student loan debt. EAC thus disagrees vehemently with Ms. XXXX 's complaint and demand. However, EAC only gets involved in transactions like this on a full recourse basis with XXXX. That allows EAC to unwind any transaction and charge the account back to XXXX. Given Ms. XXXX 's complaint here, EAC has exercised its rights with XXXX and unwound the transaction. Ms. XXXX therefore no longer owes EAC anything. Should she have any additional concerns or demands, she should address them to XXXX. In the above statement they clearly state that I do not owe them anything, but recently I have been receiving emails requesting for payment and threatening me that if I don't pay they will send me to collection which will go against my credit. The following is a recent email from the company. Good Afternoon XXXX, We have been notified by Equitable Acceptance that your loan has been charged off due to nonpayment. Our Accounts Receivable Department will be turning your file over to a third party collection agency and your credit will be adversely affected unless we can agree on settlement terms before this occurs. Your charge off amount from Equitable is {$770.00}, I am willing to settle your account for {$490.00}. If you would like to break the payment into installments you can let me know, I will accept installment payments to pay the settlement amount in full. I need an immediate response for this offer to be valid, otherwise your delinquent amount due will accrue interest and penalty fees. I have been assigned as the case manager on your file please contact me on my direct line or my email. Regards, XXXX XXXX Account Executive Student Advocates XXXX Direct : XXXX SXXXX XXXX Image This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. XXXX XXXX XXXX To : XXXX XXXX XX/XX/XXXX at XXXX PM Good afternoon, XXXX I have records stating that I no longer owe money to Equitable Acceptance and they were the one that told me that I no longer owe any money. This needs to be fixed. I will send you the records as I do not need this sent to collection as it will affect my credit. Thank you, XXXX XXXX On XX/XX/XXXX, at XXXX XXXX, XXXX XXXX XXXX wrote XXXX Good Afternoon XXXX, We have been notified by Equitable Acceptance that your loan has been charged off due to nonpayment. Our Accounts Receivable Department will be turning your file over to a third party collection agency and your credit will be adversely affected unless we can agree on settlement terms before this occurs. Your charge off amount from Equitable is {$770.00}, I am willing to settle your account for {$490.00}. If you would like to break the payment into installments you can let me know, I will accept installment payments to pay the settlement amount in full. I need an immediate response for this offer to be valid, otherwise your delinquent amount due will accrue interest and penalty fees. I have been assigned as the case manager on your file please contact me on my direct line or my email. Regards, XXXX XXXX Account Executive Student Advocates XXXX Direct : XXXX XXXX Show original message XXXX XXXX ... To : XXXX XXXX Subject : Re : URGENT MATTER!!! ... XX/XX/XXXX at XXXX XXXX XXXX XXXX XXXX To : XXXX XXXX XX/XX/XXXX at XXXX XXXX Hi XXXX, I have added the complaint with their response stating that I no longer owe them anything in which I have highlighted. I will continue with these complaints on this company if I continue to be harassed as well as contacting my lawyer. This company misled me and did not do anything they told me that they would do. I will also forward you the e-mail I received of them telling me what they would do for me in which they did not do. Thank you. We received your complaint. Thank you. We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. YOUR COMPLAINT I was looking into a " student loan forgiveness program '' and I came upon Equitable Acceptance. I spoke with this company on XX/XX/XXXX for over an hour as they explained to me that I would need to pay {$49.00} every month for approximately 3 years and after the three years of paying faithfully my student loan would be forgiven. I was super excited and agreed to this. I have been paying {$49.00} faithfully since with extra fees added on at times. In XX/XX/XXXX I paid {$55.00} ; XX/XX/XXXX I paid {$100.00} ; XXXX XXXX I paid {$50.00} and {$53.00}. I received a federal loan statements in XX/XX/XXXX and this is when I became confused ; therefore I did not pay Equitable Acceptance in XX/XX/XXXX and XX/XX/XXXX. I spoke to Equitable Acceptance who then explained to me that I paid them to find a student loan forgiveness company for me and there is nothing they can do about them not paying my student loan, but I would need to continue to pay Equitable Acceptance or they would send me to collection. This of course scared me as I am currently working on my credit and do not want anything sent to collection so I agreed to start paying them again in XX/XX/XXXX. I did ask for the name and phone number of the company they had found to pay my student loans off and they told me XXXX XXXX XXXX at XXXX and I called this number multiple times ; including today ( XX/XX/XXXX ) and left messages requesting a call back and I have yet to receive a call back and each time I have called I have never spoke with a live person. Today I called and spoke to the U.S. Department of Education and told them my situation and they were very helpful and understanding and they had informed me that plenty of people has been scammed with these other companies. I really need help on what I need to do because I don't want to keep paying money to a company that is not doing what they had told me they would do for me. Thank you View full complaint Sent to company Status Sent to company on XX/XX/XXXX We've sent your complaint to the company, and we will let you know when they respond. Their response should include the steps they took, or will take, to address your complaint. Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days. Company responded Status Company responded on XX/XX/XXXX Response Type Closed with explanation Company 's Response Ms. XXXX 's allegations, and demand are inaccurate, unfounded, defamatory, contrary to the documents she signed, as well as contrary to Equitable Acceptance Corporations ( EAC ) records and recorded conversations with Ms. XXXX. Ms. XXXX has benefitted substantially from the underlying transactions since the Fall of XXXX. Any present problems are the result of her failing to return many emails and telephone calls, and to comply with her contract and instructions. At best, Ms. XXXX is confused, or has been misled badly about the underlying transactions. This response will attempt to clarify the underlying transactions. As is explained below, however, Ms. XXXX does not owe EAC anything any longer, and EAC has requested that the credit bureaus with which it does business delete the EAC account from Ms. XXXX 's credit history. As an initial matter, and contrary to Ms. XXXX complaint, EAC did not solicit or otherwise offer in any way to assist Ms. XXXX with her student loan debt. No representative of EAC contacted Ms. XXXX about her student loan debt, or made any representation to her about her student loan debt. Any suggestion to the contrary is just simply wrong. To the contrary, Ms. XXXX entered into a document preparation and service agreement with a separate company unrelated to EAC XXXX XXXX, XXXX ( XXXX ). EAC was not a party to that agreement, and is, again, a separate unrelated company. The agreement between Ms. XXXX and XXXX, more importantly, clearly disputes Ms. XXXX 's concerns, and in particular the nature of her underlying arrangement with XXXX. Her contract with XXXX clearly states that it is a private company not affiliated with the Department of Education, and that XXXX would work directly on Ms. XXXX 's behalf with the DOE to help her identify assistance programs offered by the DOE. Ms. XXXX 's agreements with XXXX further state and make clear that she could, if she so chose, try on her own to navigate the DOE student loan debt relief process herself without paying anyone a fee. According to the XXXX XXXX XXXX XXXX, however, the DOE student loan debt relief process is unnecessarily complex and borrowers too often confront an impenetrable bureaucracy that prevents them from accessing their rights. Searching for Relief : Desperate Borrowers and the Growing Student Loan Debt Relief Industry, XX/XX/XXXX. Companies like XXXX thus offer their services for a fee, which is plainly set forth and made clear in the documents, to assist student loan debtors navigate this impenetrable bureaucracy. XXXX simply facilitates its clients access to income driven and similar programs offered by and/or through the DOE. Depending on the clients family size and income, the client may qualify, under an existing governmental program with predetermined benefits available depending on the clients individual circumstances, for debt relief, including reduced monthly payment obligations. The amount of any payment reduction depends on where and how the clients personal circumstances fit into a predetermined program and schedule of benefits. Determining what predetermined benefits are available to XXXX clients is one of the primary services provided by XXXX. In order to provide this service, XXXX obtains the requisite information needed from the debtor, and completes on behalf of the debtor the requisite DOE applications and forms. The service provided does not include negotiating for any forgiveness or reduction of the debtors loans. The service simply involves determining what relief is available to a specific debtor and applying for that relief. The service may result in reduced monthly payments for a period depending on the debtors individual circumstances, and consolidation of the debtors loans. That is the benefit received by the student loan debtor. The DOE process also requires thereafter annual renewals, which XXXX may, with certain clients, also agree to handle for the debtor for an agreed amount of time. In a number of respects, the service offered by and available through XXXX is similar to a tax payor hiring a tax preparer to prepare the persons tax returns. The tax payor could, if they so choose, attempt to prepare their returns on their own, or they can hire the tax preparer to do it for them. If the tax preparer is hired, a fee is charged for the service of completing the tax returns. The tax payors resulting tax burden is not affected by the tax preparer. The tax burden is a function of the tax payors individual circumstances and how they fit into a predetermined set of tax rules. XXXX 's offer of services to student loan debtors, like Ms. XXXX, is similar. In exchange for XXXX assistance in navigating and completing the DOE process, XXXX charges a disclosed fee. The end result again for the student loan debtor is a function of the student loan debtors personal circumstances and how they fit into a predetermined income driven or similar program and schedule of benefits. It is solely the clients individual circumstances, which drive and determine what level of assistance or relief is available to a XXXX client. If a student loan debtor decides to hire XXXX to apply for whatever benefits are available to the student loan debtor, an agreement by and between the debtor and XXXX is then memorialized in a written agreement and other related documents necessary to complete the DOE process e.g., financial information such as income and family size is obtained. The agreement contains a number of disclosures and terms, including but not limited to that the student loan debtor is free to try and navigate the DOE process on their own, and they are not obligated to pay XXXX unless and until XXXX successfully completes the DOEs benefit application process for the debtor. With respect to Ms. XXXX specifically, XXXX offered to wade through all the DOE paperwork, websites and applications for her, and obtain for her whatever benefits were available to her. If requested by Ms. XXXX, XXXX would assist her with assembling and processing the applications and documents, which make up the student loan debt assistance programs offered by the DOE, and also assist her with any annual renewals or re-certifications. There was no service fee due from Ms. XXXX to XXXX unless and until XXXX obtained for Ms. XXXX whatever benefits were available specifically to her. With this background, the records and information available to EAC indicate that Ms. XXXX then chose not to attempt the process on her own, and instead hired XXXX to do it for her. The written agreement executed by and between Ms. XXXX and XXXX is quite clear. XXXX then performed its part of the bargain for Ms. XXXX and applied for the DOE benefits available to her. For example, XXXX applied for and obtained enrollment for Ms. XXXX in the DOEs loan consolidation program effective XX/XX/XXXX, and then into the DOEs REPAYE program effective XX/XX/XXXX. After XXXX 's services and efforts, Ms. XXXX 's monthly payment obligation was reduced to {$0.00} effective. To stay in the REPAYE program, Ms. XXXX is required to recertify annually her income. Starting in XX/XX/XXXX, XXXX notified Ms. XXXX of the approaching time for her to renew. According to XXXX, it attempted to reach Ms. XXXX 38 times by email and 27 times by telephone about her need to renew. Each and every one of those attempts was ignored. Since Ms. XXXX did not renew her enrollment on time, her student loans went into default. XXXX, however, again tried to help her by obtaining a forbearance for her, which ended in XX/XX/XXXX. Still, Ms. XXXX has ignored all attempts to reach her. Even though it now appears from her complaint that Ms. XXXX does not appear to understand her DOE program and XXXX 's efforts, XXXX is in possession of a recorded conversation with Ms. XXXX in which she acknowledges and verifies her agreement with XXXX and the benefits she received. Mr. XXXX also appears to not understand EACs role in this matter. EAC did not get involved with Ms. XXXX until she had already agreed to hire and pay XXXX to assist her. Apparently, Ms. XXXX was unable or unwilling to pay XXXX all at once. At that point, EACs services were made known to Ms. XXXX. EAC was willing to pay XXXX for her, in exchange for Ms. XXXX then repaying EAC over time, with interest. The choice was once again Ms. XXXX 's to make. She could, if she so chose, submit a request and application to EAC asking EAC to pay XXXX for her. If EAC receives such a request from a student loan debtor like Ms. XXXX, EAC evaluates the application, as well as the agreement between XXXX and the debtor, and XXXX written assurance that the DOE process has been successfully completed and whatever benefit was available to the debtor has been obtained. EAC also obtains verbal verification from the debtor acknowledging the existence of the debtors request for a separate agreement with EAC. EAC then decides whether to accept or reject the application. If EAC accepts the request, EAC then enters into a separate agreement with the debtor pursuant to which EAC agrees to pay XXXX for the debtor, and in exchange, the debtor agrees to repay EAC over time with interest. In this instance, Ms. XXXX did in fact submit to EAC an application for EAC to pay XXXX for her. After reviewing Ms. XXXX 's request, her agreement with XXXX and verifying the situation with Ms. XXXX directly, EAC agreed to pay XXXX for Ms. XXXX and did in fact do so. An audio recording of Ms. XXXX acknowledging and verifying that EAC would be paying XXXX for her exists as well. In that recording, among other things, Ms. XXXX acknowledges that her payments to EAC are to repay EAC, and are not payments towards her student loan debt. EAC thus disagrees vehemently with Ms. XXXX 's complaint and demand. However, EAC only gets involved in transactions like this on a full recourse basis with XXXX. That allows EAC to unwind any transaction and charge the account back to XXXX. Given Ms. XXXX 's complaint here, EAC has exercised its rights with XXXX and unwound the transaction. Ms. XXXX therefore no longer
01/19/2021 Yes
  • Checking or savings account
  • Checking account
  • Managing an account
  • Problem using a debit or ATM card
  • NY
  • 14094
Web
On XX/XX/XXXX I paid for moving services by a company called XXXX XXXX I gave them my checking account information and they cashed my check the next day. I canceled service the following day and still I have not received services or refund back. I called my bank Keybank and asked for assistance in getting my money back and they told me because it was not like an ACH even though I gave them my checking account number they couldnt get my money back for me so I am out {$750.00} to this company called XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX Phone : ( XXXX ) XXXX DOT # : XXXX MC # : XXXX This was their correspondence Hello XXXX, Thank you for your interest in XXXX XXXX XXXX XXXX XXXX Please click on your reference number XXXX to view your moving estimate. Thank You and Best Regards, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX Ext. XXXX XXXX https : XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Binding Moving Estimate Reference No : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX US DOT : XXXX MC : XXXX Customer Rep : XXXX XXXX Phone : ( XXXX ) XXXX Ext. XXXX Email : XXXX Web : XXXX : XXXX Moving From Moving To XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX : XXXX Phone : Storage phone number XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX Extra Stop / Notes can take on del XXXX Storage phone number XXXX XXXX XXXX Details Job No : XXXX Estimate Date : XX/XX/XXXX Representative : XXXX XXXX XXXX XXXX : Residential Long Distance, XXXX miles Estimated Volume : 2904 lbs. ( 415 cf. ) Estimated Rate : {$0.00} per lbs Move Day : Monday/Tuesday Requested Move Date : XXXX Created on : XX/XX/XXXX Optional Service : XXXX XXXX XXXX XXXX XXXX XXXX {$1100.00} Relocation Estimate Total XXXX {$3500.00} XXXX Discount : 63.62 % - {$2200.00} Basic Estimate Price {$1300.00} Fuel Surcharge : 7.00 % {$91.00} 30 Free Days Of Storage/ free delivery {$0.00} 2nd stop at pickup XXXX XXXX miles {$310.00} Binding Estimate Fee {$700.00} Early Booking Discount - {$200.00} Basic Valuation Protection : {$0.00} per lbs. per article {$0.00} Total Moving Estimate {$2200.00} Customer Payment {$750.00} Full Value Protection Amount of Liability : {$17000.00} ( Optional ) Deductible Levels : {$0.00} {$250.00} {$500.00} {$750.00} {$1000.00} {$1500.00} Valuation Charge : {$0.00} {$0.00} {$470.00} {$0.00} {$0.00} {$0.00} Total Estimate Plus Valuation Charge : {$2200.00} {$2200.00} {$2600.00} {$2200.00} {$2200.00} {$2200.00} Customer 's Initials : x_________ x_________ x_________ x_________ x_________ x_________ WARNING : If a moving company loses or damages your goods, there are 2 different standards for the company`s liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL ( REPLACEMENT ) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading ( contract ) for your move. Before selecting a liability level, please read Your Rights and Responsibilities When You Move, and Ready to Move Brochure provided by the moving company, and seek further information at the government website www.protectyourmove.gov Understanding Your Estimate LONG DISTANCE This contract is between XXXX XXXX XXXX, and the Customer listed above. Based on the information and inventory provided by the customer, XXXX XXXX XXXX will provide the customer with all packing, moving, and storage services requested at the time this estimate was prepared and signed. Customer understands to notify us of any changes to the contract, including adding or removing any items, or should they require any additional services so we can make proper adjustments to the Scheduling, Pricing, Supplies, Inventory, or Pickup/Delivery changes with the goal to properly accommodate the customer. This estimate includes the following : Professional Door to Door service. Expert advice and guidance throughout the course of your move. Disassembly of all standard furniture required for safe movement at the origin. Reassembly for all items disassembled by the movers on the day of pick-up at destination. Wrapping of all furniture with our own quilted moving blankets. Itemized inventory indicating each item, and condition at origin of items. Loading & unloading of all goods. Price includes all taxes, tolls, mileage, and fuel surcharges. Standard cargo insurance up to {$10000.00} No elevator charges. No date change penalties as long as your request is made more than 7 days before your originally scheduled pick-up date. Here is a list of any special costs. Please read carefully, and let us know ahead of time if any of these situations apply to your move : Specific situations where charges not documented may apply ; here is a guide of common occurrences. Please inform us ahead of time if you fit any of the following : Any additional packing or items that may need special crating ( if not already in estimate ) Antiques, Motorcycle, etc The loading of any bulky items ( Piano, Grandfather Clock, Kayak, etc. ) We offer full packing services if desired. If a full pack is included, XXXX XXXX XXXX will coordinate all labor and materials needed to professionally pack all your belongings. This includes all boxes, furniture, and delicate/fragile items. If more household items are added at time of pick up, then the total price for full service packing will be increased and adjusted by the rate already provided. The customer will receive a new written agreement at time of this revision. Any specific delicate items not being packed by the customer. ( Televisions, Glass or Glass Table Tops, Marble, etc. ) A shuttle service can be set up if necessary. For instance, a semi can not fit down your narrow street or through your gate. If circumstances prohibit a semi-trailer to get close to the property for loading or unloading, a shuttle truck may be needed to complete the service. We will load up the smaller truck, and load the items onto the Semi from there. This may involve multiple trips. This can be arranged for a minimum charge of XXXX dollars for smaller truck and additional labor. If there are more than one flight of stairs ( Up to 12 steps ), a fee of XXXX dollars per additional flight will be applied. Long carry ( first 75 feet from front door are included ), anything after 75 feet will be re-adjusted by the XXXX. XXXX XXXX XXXX will be sure to make your move an easy and informed process Call us directly for information about revisions to your contract. Be sure to accept your paperwork and an itemized inventory on pickup. If packing services are included in the estimate, please have the value of any specific valuable item written on the estimate. TERMS AND CONDITIONS : THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS CONTAINED HEREIN, REPRESENT THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN XXXX XXXX XXXX, ( HEREAFTER XXXX XXXX XXXX ) AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL OTHER NEGOTIATIONS, UNDERSTANDINGS, AND REPRESENTATIONS ( IF ANY ) MADE BY AND BETWEEN SUCH PARTIES, INCLUDING ANY REPRESENTATION MADE BY ANY ESTIMATOR. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ESTIMATE AND THE BILL OF LADING, THE TERMS OF THE BILL OF LADING SHALL CONTROL. THIS AGREEMENT MAY NOT BE AMENDED, SUPPLEMENTED OR WAIVED ORALLY, BUT ONLY IN WRITING, SIGNED BY BOTH XXXX XXXX XXXX AND THE CUSTOMER, AND MAKING SPECIFIC REFERENCE TO THIS AGREEMENT. CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF XXXX XXXX XXXX. NOTHING IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, IS INTENDED TO CONFER ANY RIGHTS OR REMEDIES ON ANY PERSON OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS AND PERMITTED ASSIGNS, NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO RELIEVE OR DISCHARGE THE OBLIGATION OR LIABILITY OF ANY THIRD PERSON TO ANY PARTY TO THIS AGREEMENT, NOR SHALL ANY PROVISION GIVE ANY THIRD PERSON ANY RIGHT OF SUBJUGATION OR ACTION OVER OR AGAINST ANY PARTY TO THIS AGREEMENT. CUSTOMER HAS HIRED XXXX XXXX XXXX AS THEIR MOVING COORDINATOR/BROKER/SHIPPER AGENT, NOT TO HANDLE OR OTHERWISE PARTICIPATE IN THE MOVE AS LABOR OR CARRIER IN ACTING AS A SHIPPER AGENT ONLY, XXXX XXXX XXXX IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE CARRIER OR ITS EMPLOYEES OR AGENTS. CUSTOMER MUST PURSUE THE CARRIER FOR ALL CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR DAMAGE TO PROPERTY, STOLEN GOODS, LOST ITEMS, DELAYED PICKUP OR DELIVERY, ACTIONS OF ESTIMATORS, DRIVERS, PACKERS, OR MOVERS. XXXX XXXX XXXX WILL ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER, THE CARRIER 'S MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING : ( A ) THE AMOUNT OF THE ACTUAL LOSS OR DAMAGE, ( B ) AN AMOUNT EQUAL TO XXXX XXXX ( XXXX XXXX ) PER POUND MULTIPLIED BY THE ACTUAL WEIGHT ( IN POUNDS ) OF THE LOST OR DAMAGED ARTICLE ; OR ( C ) THE LUMP SUM DECLARED VALUE. AS A PROPERLY LICENSED INTERSTATE MOVING COORDINATOR/BROKER/SHIPPER AGENT, XXXX XXXX XXXX IS NOT A MOTOR CARRIER AND WILL NOT TRANSPORT AN INDIVIDUAL CUSTOMER/SHIPPER 'S HOUSEHOLD GOODS, BUT WILL COORDINATE AND ARRANGE FOR THE TRANSPORTATION OF HOUSEHOLD GOODS BY ANY XXXX AUTHORIZED MOTOR CARRIER, WHOSE CHARGES WILL BE DETERMINED BY ITS PUBLISHED TARIFF. ALL ESTIMATED CHARGES AND FINAL ACTUAL CHARGES WILL BE BASED UPON THE CARRIER 'S TARIFF WHICH IS AVAILABLE FOR INSPECTION FROM THE CARRIER UPON REASONABLE REQUEST. DUE TO THE SITUATIONS BEYOND OUR CONTROL SUCH AS BUT NOT LIMITED TO INCLEMENT WEATHER, MECHANICAL ISSUES XXXX ROAD CONSTRUCTION, REMOTE PICKUPS OR DROP OFF LOCATIONS, DIFFICULT OR LIMITED LANES OF TRAVEL, ETC, WE DO LEAVE A THREE DAY WINDOW FOR ANY PICKUP OR DROP OFF DATES GIVEN. XXXX XXXX XXXX AGREES TO FACILITATE THE MOVE OF YOUR HOUSEHOLD ITEMS AS PROMPTLY AS POSSIBLE AND IN ACCORDANCE WITH THE INFORMATION PROVIDED REGARDING YOUR ITEMS MOVING FROM ORIGIN TO DESTINATION. CUSTOMER WILL BE SUBJECT TO ALL APPLICABLE LAWS AND THE GENERAL TERMS AND CONDITIONS OF THE CARRIER, WHICH SHALL INCLUDE WITHOUT LIMITATION, A REQUIREMENT THAT PAYMENT IN FULL OF ALL CHARGES IS DUE BEFORE UNLOADING OF THE GOODS IN ACCORDANCE WITH THE CARRIERS LAWFUL LIEN ON THE PROPERTY. AS THE CUSTOMER, I AGREE TO PAY THE TOTAL CHARGES FOR THE MOVING COORDINATOR SERVICES TO BE PROVIDED BY XXXX XXXX XXXX. I UNDERSTAND AND AGREE THAT MY DEPOSIT/FEE REPRESENTS ONLY A PORTION OF MY TOTAL ESTIMATED MOVING SERVICE CHARGES, FOR SCHEDULING, RESERVATION, AND ROUTING PURPOSES. MY DEPOSIT IS NON REFUNDABLE AFTER PLACING THE RESERVATION FOR SCHEDULING PURPOSES. ANY CANCELLATION WITHIN SEVENTY-TWO HOURS OF PLACING MY RESERVATION WITH XXXX XXXX XXXX, CUSTOMER MUST SEND AN EMAIL TO XXXX. EXPLAINING ANY REASONS FOR THE CANCELLATION. ALL REQUESTS TO CHANGE MY PICK UP DATE, OR PLACE THE MOVE ON HOLD, MUST BE MADE AT LEAST SEVEN BUSINESS DAYS ( SATURDAYS, SUNDAYS, AND HOLIDAYS EXCLUDED ) PRIOR TO THE PACK OR LOAD DATE ( WHICHEVER APPLIES ) LISTED ABOVE OR SUBJECTED TO A MINIMUM OF XXXX XXXX DOLLAR RESCHEDULING FEE COLLECTED FROM THE CUSTOMER. I AM ENTITLED TO RECEIVE A CREDIT OF MY DEPOSIT FOR A FUTURE INTERSTATE MOVE WHICH I CAN USE WITHIN A TWELVE MONTH PERIOD FROM THE DATE OF MY ORIGINAL RESERVATION. ALL DEPOSITS WILL SHOW ON YOUR BILLING CYCLE UNDER XXXX XXXX XXXX. CUSTOMER HAS ELECTED A " BINDING '' PRICE, THE TOTAL COST WILL NOT EXCEED THE ESTIMATED AMOUNT ; PROVIDED, HOWEVER THAT THE CUSTOMER PROVIDES XXXX XXXX XXXX WITH AN ACCURATE DESCRIPTION OF THE ITEMS TO BE MOVED, AND THE SERVICES TO BE PERFORMED. CUSTOMER HAS REQUESTED TO HAVE AN ESTIMATE PROVIDED FOR HIS/HER HOUSEHOLD GOODS RELOCATION, IN ACCORDANCE WITH THE 49 CFR 371.113 ( C ) ( 1 ), CUSTOMER AGREES TO WAIVE A PHYSICAL SURVEY OF THE HOUSEHOLD GOODS, AND ALTERNATIVELY AGREES TO RECEIVE A BINDING ESTIMATE BASED UPON THE SHIPPER PROVIDED ITEM LIST OF PROPERTY TO BE TRANSPORTED. IF ANY ADDITIONAL PIECES, PACKING SERVICES, WEIGHT, OR LABOR SERVICES ARE ADDED AT THE ORIGIN OR DESTINATION TO THOSE QUOTED, THE CUSTOMER SHALL BE CHARGED FOR THESE SERVICES AT THE GOVERNING TARIFF RATES. CUSTOMER UNDERSTANDS THAT XXXX XXXX XXXX HAS A TWO THOUSAND POUND MINIMUM ON ALL SHIPMENTS, ANY SHIPMENT BELOW TWO THOUSAND POUNDS WILL BE CHARGED AT THE TWO THOUSAND POUND RATE. THE PRICE INCLUDES ALL FUEL SURCHARGES, TOLLS, LOADING AND UNLOADING, BASIC DISASSEMBLY AND REASSEMBLY OF STANDARD FURNITURE ITEMS, UP TO SEVENTY_FIVE FEET FROM FRONT DOOR OF LONG CARRY AT ORIGIN AND DESTINATION, AND ONE FLIGHT OF STAIRS ( TWELVE STEPS ). ELABORATE FURNITURE ITEMS THAT NEED TO BE DISASSEMBLED AND/OR REASSEMBLED MAY REQUIRE THIRD PARTY SERVICING OR ADDITIONAL LABOR AND SHOULD BE DISCLOSED TO YOUR ESTIMATOR AND INCLUDED IN YOUR ESTIMATE. DISCONNECTING AND/OR RECONNECTING OF APPLIANCES IS NOT INCLUDED IN THE PRICE. REASSEMBLY IS SUBJECT TO THE AVAILABILITY OF TOOLS, AND/OR ALL PARTIES BEING AVAILABLE. THE PACKING AND UNPACKING OF BOXES IS ONLY INCLUDED IN THE PRICE IF IT IS ITEMIZED IN THE PACKING AND UNPACKING SECTION OF YOUR ESTIMATE ; ALL MATERIALS/LABOR FOR UNDISCLOSED ITEMS WILL BE EXTRA. ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, WHETHER SO EXPRESSED OR NOT, SHALL BE BINDING UPON, INURE TO THE BENEFIT OF, AND BE ENFORCEABLE BY THE PARTIES AND THEIR RESPECTIVE ADMINISTRATORS, EXECUTORS, LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS, AND PERMITTED ASSIGNS. CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS XXXX XXXX XXXX AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, SUITS, LIABILITIES, PROCEEDINGS, PENALTIES, FINES, COSTS, AND EXPENSES ( INCLUDING ALL REASONABLE ATTORNEY FEES ) RELATING DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER. IT IS AGREED BY THE PARTIES AS MANDATORY THAT THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAW. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OR RECORD OF THE STATE OF FLORIDA OR IN THE COURT OF THE UNITED STATES. IF ANY PARTY DOES NOT HAVE A REGISTERED AGENT TO ACCEPT SERVICE OR PROCESS IN FLORIDA OR IS NOT OTHERWISE SUBJECT TO SERVICE AFTER REASONABLE ATTEMPTS, THEN SUCH PARTY AGREES TO ACCEPT SERVICE OR PROCESS BY U.S. MAIL. IN THE EVENT OF ANY CONTROVERSY ARISING UNDER OR RELATING TO THE INTERPRETATION OR IMPLEMENTATION OF THIS AGREEMENT OR ANY BREACH THEREOF, XXXX XXXX XXXX SHALL BE ENTITLED TO RECOVER ALL OF ITS COURT COSTS, COLLECTION FEES, EXPENSES, AND REASONABLE ATTORNEY 'S FEES ( INCLUDING, WITHOUT LIMITATION, ALL PRETRIAL, TRIAL, AND APPELLATE PROCEEDINGS ), IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED. IN THE EVEN THAT XXXX XXXX XXXX PURSUES THE COLLECTION OF ANY AMOUNTS DUE TO IT UNDER THIS AGREEMENT, XXXX XXXX XXXX XXXX RECOVER FULL TARIFF RATE ON ALL GOODS AND SERVICES PROVIDED, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO IT AT LAW AND IN EQUITY. ALL PICKUP, LOAD AND/OR DELIVERY DATES ARE ESTIMATES. XXXX XXXX XXXX IS NOT RESPONSIBLE FOR LOSS OR DAMAGE INCURRED BY UNAVOIDABLE DELAY, XXXX XXXX XXXX WILL ALWAYS ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE ASSIGNED CARRIER. THERE ARE ABSOLUTELY NO GUARANTEES MADE, EXPRESSED OR IMPLIED REGARDING TIME FOR PACKING, LOADING, AND/OR DELIVERY DATES. MOTOR CARRIER NEUTRAL ARBITRATION PROGRAM : THE MOTOR CARRIERS NEUTRAL ARBITRATION PROGRAM HAS BEEN DESIGNED TO GIVE NEITHER PARTY ANY SPECIAL ADVANTAGE. IF A DISPUTE ARISES BETWEEN THE CARRIER AND THE SHIPPER, ARBITRATION MAY BE A MUTUALLY BENEFICIAL ALTERNATIVE TO HELP RESOLVE THE DISPUTE. SECTION 49 U.S.C. SECTIONS 375.211 PROVIDES THAT A MOVER MUST HAVE A PROGRAM IN PLACE TO PROVIDE SHIPPERS WITH AN ARBITRATION ALTERNATIVE. ARBITRATION IS OPTIONAL AND NOT REQUIRED UNDER FEDERAL LAW, SUMMARY OF THE ARBITRATION PROCESS : ARBITRATION IS AN ALTERNATIVE TO COURTROOM LITIGATION. IT PROVIDES EACH PARTY TO THE DISPUTE TO PRESENT THEIR CASE AND ALLOWS A NEUTRAL THIRD PARTY ARBITRATOR TO MAKE DECISIONS AS TO THE MERIT OF EACH SIDES CASE. ARBITRATION SUBJECT TO THIS AGREEMENT SHALL BE CONDUCTED VIA WRITTEN SUBMISSIONS AND, SUBJECT TO THE ARBITRATORS DISCRETION, THROUGH TELEPHONIC APPEARANCE. AFTER THE INITIAL FILING FEES HAVE BEEN PAID AND THE ARBITRATOR SELECTED, THE INITIATING PARTY OR ( CLAIMANT ) MUST SUBMIT A WRITTEN BRIEF SUMMARIZING THEIR LEGAL POSITION AND FACTUAL CLAIMS. ALL SUPPORTING DOCUMENTATION MUST BE INCLUDED WITH THE INITIAL ARBITRATION BRIEF. COPIES OF ALL DOCUMENTS MUST BE SUBMITTED TO ALL PARTIES INVOLVED IN THE ARBITRATION. UPON RECEIPT OF THE CLAIMANTS ARBITRATION BRIEF AND SUPPORTING DOCUMENTS, THE RESPONDING PARTY OR ( RESPONDENT ) WILL HAVE 30 DAYS TO FILE THEIR RESPONSIVE ARBITRATION BRIEF AND SUPPORTING DOCUMENTATION. FURTHER DEADLINES AND TIMETABLES ARE SUBJECT TO THE ARBITRATORS DISCRETION. LEGAL EFFECTS ; IF THE ARBITRATION ALTERNATIVE IS CHOSEN, THEN ANY DECISION MADE BY THE ARBITRATOR MAY BE BINDING. ADDITIONALLY, AN ARBITRATION DECISION MAY NOT BE APPEALED IN A COURT OF LAW. ALL PARTIES AGREE THAT THE ARBITRATORS DECISION WILL BE BASED EXCLUSIVELY ON THE GOVERNING UNITED STATES FEDERAL LAW WITHOUT REGARD TO CONFLICTING STATE LAWS OR REGULATIONS. APPLICABLE COSTS EACH PARTY IS RESPONSIBLE FOR THEIR OWN COST ASSOCIATED WITH ARBITRATION. A BENEFIT TO THE ARBITRATION ALTERNATIVE MAY BE THAT IT IS LESS EXPENSIVE THAN TRADITIONAL LITIGATION. EACH PARTY IS RESPONSIBLE FOR XXXX PERCENT OF THE COST ASSOCIATED WITH SECURING THE ARBITRATOR AND ONE HUNDRED PERCENT OF THEIR OWN EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES. UPON BOOKING, UP TO ONE HUNDRED PERCENT DEPOSIT FEE OF TOTAL MOVE COST IS POSSIBLE TO BE PAID BY CREDIT CARD ( VISA, MASTERCARD, XXXX, OR VIRTUAL CHECK ) OR BANK WIRE AND OR DIRECT DEPOSIT INTO COMPANY ACCOUNT. UPON PICKUP, CARRIER MAY COLLECT UP TO SEVENTY PERCENT OF ANY REMAINING BALANCE, IF THE CUSTOMER IS GOING TO THIRTY DAYS OF STORAGE OR LONGER. PAYMENT WILL BE DUE IN THE FORM OF CASH, CERTIFIED CHECK, POSTAL MONEY ORDER. THE REMAINING BALANCE MUST BE PAID IN FULL UPON DELIVERY BY CASH OR POSTAL MONEY ORDER. THE CARRIER RESERVES THE RIGHT TO COLLECT UP TO SEVENTY PERCENT OF ANY REMAINING BALANCE DUE PRIOR TO THE GOODS LEAVING THE ORIGIN STATE. SUBJECT TO FEDERAL LAW, PAYMENT IN FULL OF ALL CHARGES IS REQUIRED BEFORE DELIVERY AND PRIOR TO UNLOADING. THE CUSTOMER UNDERSTAND AND AGREES THAT SHOULD THE CUSTOMER FAIL TO EXECUTE OR RETURN THIS AGREEMENT, BY ALLOWING A CARRIER DESIGNATED BY XXXX XXXX XXXX TO PICK UP THE CUSTOMERS BELONGINGS, THE CUSTOMER EXPRESSLY AGREES AND CONSENTS TO THE TERMS CONTAINED IN THIS AGREEMENT. CUSTOMER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT OT A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HERON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE GOODS AND SERVICES OBTAINED HERE UNDER, THE MOVE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS ( VERBAL OR WRITTEN ) OR ACTIONS OF XXXX XXXX XXXX OR THE MOVER. CUSTOMER ACKNOWLEDGES THAT THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT TO XXXX XXXX XXXX TO ENTER INTO THIS AGREEMENT. THE CUSTOMER AGREES THAT FAILURE TO PROVIDE WRITTEN DOCUMENTATION TO XXXX CLAIMING THAT THE TERMS AND CONDITIONS WERE NOT ADHERED TO BY XXXX XXXX XXXX FORFEITS THE RIGHT TO DISPUTE THIS CLAIM WITH THEIR ISSUING CARD PROVIDER. AS THE CUSTOMER, I AGREE THAT ANY REFUSAL OR DENIAL OF SERVICE, EITHER VERBALLY, IN PERSON, OR OVER THE PHONE, WILL BE TREATED AS A LATE CANCELLATION MADE OUTSIDE OF THE CANCELLATION WINDOW. IF THE CARRIER ARRIVES TO MY HOME AND THE CUSTOMER REFUSES TO BE SERVICED, THE CUSTOMER UNDERSTANDS THEIR DEPOSIT WILL BE FORFEITED IN FULL FOR SCHEDULING, RESERVATION, AND TIME SPENT PURPOSES. I UNDERSTAND THAT NO REFUND WILL BE ISSUED IF I REFUSE OR DENY SERVICE ON THE DAY OF PICK UP. IF I CLAIM THAT SERVICE WAS NOT RENDERED I MUST PROVIDE NOTICE OF ANY SERVICE FAILURE MADE BY XXXX XXXX XXXX IN WRITING TO XXXX. ANY CANCELLATION MADE WITHIN FOURTEEN BUSINESS DAYS OF PICKUP DATE, AFTER A CARRIER HAS BEEN ASSIGNED AND DISPATCHED, WILL ALSO BE TREATED AS A LATE CANCELLATION, AND RESULT IN FORFEIT OF DEPOSIT. IF CUSTOMER BOOKS THEIR MOVE WITHIN FOURTEEN BUSINESS DAYS OF PICKUP DATE, THE SEVENTY TWO HOUR WINDOW IS NULL AND VOID DUE TO IMMEDIATE SCHEDULING AND RESERVATION REASONS. A TEN PERCENT CANCELLATION FEE OF THE DEPOSIT WILL BE CHARGED ON ALL CREDIT CARD REFUNDS. XXXX XXXX XXXX IS NOT REQUIRED TO PROVIDE PROOF OF SERVICE DENIAL, THIS WILL BE THE CUSTOMERS RESPONSIBILITY. AS THE CUSTOMER, I AGREE TO THE APPLICABLE TERMS AND CONDITIONS RELATING TO PICKUP AND DELIVERY DATES DETAILED IN SECTION FOURTEEN. I AGREE THAT XXXX XXXX XXXX DOES NOT HAVE THE ABILITY TO OBTAIN SIGNED DOCUMENTATION VERIFYING A SERVICE REFUSAL. AS THE CUSTOMER, I AGREE THAT XXXX XXXX XXXX WILL NOT BE REQUIRED TO PROVIDE PROOF OF SERVICE IN THE CASE OF A SERVICE DENIAL OR REFUSAL OF SERVICE. XXXX XXXX XXXX FOR SCHEDULING AND DISPATCH PURPOSES, RESERVES THE RIGHT TO RETAIN THE DEPOSIT OF THE CUSTOMER WHO VERBALLY REFUSES OR DENIES SERVICE WITHOUT WRITTEN DOCUMENTATION. IN SIGNING THIS AGREEMENT I, THE CUSTOMER, AGREE THAT XXXX XXXX XXXX HAS PROVIDED ME WITH A DATED COPY OF THE ESTIMATE AND CHARGES AT THE TIME I SIGNED THE AGREEMENT. XXXX XXXX XXXX HAS PROVIDED ME WITH NOTIFICATION OF THE METHODS OF PAYMENT REQUIRED TO PAY THE MOTOR CARRIER FOR BALANCES DUE. ALL COSTS AND CHARGES ARE CLEARLY INDICATED IN THIS ESTIMATE, AND THE CHARGES REPRESENTED ON THIS ESTIMATE ARE ONLY FOR THE SERVICES AND INVENTORY SPECIFICALLY INDICATED ON THIS ESTIMATE. XXXX XXXX XXXX EXPRESSED THEIR ROLE AS A MOVING COORDINATOR/BROKER/SHIPPER AGENT TO ME PRIOR TO PLACING THIS RESERVATION. BOTH XXXX XXXX XXXX AND THE CUSTOMER AGREE TO ADHERE TO THIS CONTRACT IN ITS ENTIRETY, AND XXXX XXXX XXXX FULL INTENTIONS ARE TO MAKE THE CUSTOMERS MOVING EXPERIENCE WORRY FREE. WE APPRECIATE YOUR BUSINESS, YOU ARE A VALUED CUSTOMER. Articles List 16 Items, 47 Pieces Qty Items 1 ANTIQU DESK 1 BED - BOX SPRING 1 BED FRAME 10 BOX, MEDIUM PBO 18X18X18 1 BUFFET, BASE 1 CHAIR, CLUB Qty Items 1 CHAIR, WINGBACK 1 CHEST OF DRAWERS, SMALL 1 CHEST, CEDAR 1 DRESSER, SINGLE 1 HUTCH Qty Items 2 MIRROR, LG. 20 PLASTIC BIN, MED. 2 SOFA, 2 LOVESEAT 2 TABLE, END 1 VANITY, DRESSER Packing Material List Qty Material Unit Price $ Qty Material Unit Price $ Qty Material Unit Price $ Click on Online Electronic Signature to confirm your move online. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Binding Moving Estimate Reference No : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX XXXX DOT : XXXX MC : XXXX Customer Rep : XXXX XXXX Phone : ( XXXX ) XXXX Ext. XXXX Email : XXXX Web : XXXX XXXX XXXX Relocation Details Job No : XXXX Estimate Date : XX/XX/XXXX Representative : XXXX XXXX XXXX XXXX : Residential Long Distance, 729 miles Estimated Volume : 2904 lbs. ( 415 cf. ) Estimated Rate : {$0.00} per lbs Move Day : Monday/Tuesday Requested Move Date : XXXX Created on : XX/XX/XXXX Optional Service : Auto Transport XXXX XXXX XXXX XXXX {$1100.00} Relocation Estimate Total XXXX {$3500.00} XXXX Discount : 63.62 % - {$2200.00} Basic Estimate Price {$1300.00} Fuel Surcharge : 7.00 % {$91.00} XXXX Free Days Of Storage/ free delivery {$0.00} 2nd stop at pickup Rockport XXXX miles {$310.00} Binding Estimate Fee {$700.00} Early Booking Discount - {$200.00} Basic Valuation Protection : {$0.00} per lbs. per article {$0.00} Total Moving Estimate {$2200.00} Customer Payment {$750.00} Full Value Protection Amount of Liability : {$17000.00} ( Optional ) Deductible Levels : {$0.00} {$250.00} {$500.00} {$750.00} {$1000.00} {$1500.00} Valuation Charge : {$0.00} {$0.00} {$470.00} {$0.00} {$0.00} {$0.00} Total Estimate Plus Valuation Charge : {$2200.00} {$2200.00} {$2600.00} {$2200.00} {$2200.00} {$2200.00} Customer 's Initials : x_________ x_________ x_________ x_________ x_________ x_________ WARNING : If a moving company loses or damages your goods, there are 2 different standards for the company`s liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL ( REPLACEMENT ) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading ( contract XXXX for your move. Before selecting a liability level, please read Your Rights and Responsibilities When You Move, and Ready to Move Brochure provided by the moving company, and seek further information at the government website www.protectyourmove.gov Understanding Your Estimate LONG DISTANCE This contract is between XXXX XXXX XXXX, and the Customer listed above. Based on the information and inventory provided by the customer, XXXX XXXX XXXX will provide the customer with all packing, moving, and storage services requested at the time this estimate was prepared and signed. Customer understands to notify us of any changes to the contract, including adding or removing any items, or should they require any additional services so we can make proper adjustments to the Scheduling, Pricing, Supplies, Inventory, or Pickup/Delivery changes with the goal to properly accommodate the customer. This estimate includes the following : Professional Door to XXXX service. Expert advice and guidance throughout the course of your move. Disassembly of all standard furniture required for safe movement at the origin. Reassembly for all items disassembled by the movers on the day of pick-up at destination. Wrapping of all furniture with our own quilted moving blankets. Itemized inventory indicating each item, and condition at origin of items. Loading & unloading of all goods. Price includes all taxes, tolls, mileage, and fuel surcharges. Standard cargo insurance up to {$10000.00} No elevator charges. No date change penalties as long as your request is made more than 7 days before your originally scheduled pick-up date. Here is a list of any special costs. Please read carefully, and let us know ahead of time if any of these situations apply to your move : Specific situations where charges not documented may apply ; here is a guide of common occurrences. Please inform us ahead of time if you fit any of the following : Any additional packing or items that may need special crating ( if not already in estimate ) Antiques, Motorcycle, etc The loading of any bulky items ( Piano, Grandfather Clock, Kayak, etc. ) We offer full packing services if desired. If a full pack is included, XXXX XXXX XXXX will coordinate all labor and materials needed to professionally pack all your belongings. This includes all boxes, furniture, and delicate/fragile items. If more household items are added at time of pick up, then the total price for full service packing will be increased and adjusted by the rate already provided. The customer will receive a new written agreement at time of this revision. Any specific delicate items not being packed by the customer. ( Televisions, Glass or Glass Table Tops, Marble, etc. ) A shuttle service can be set up if necessary. For instance, a semi can not fit down your narrow street or through your gate. If circumstances prohibit a semi-trailer to get close to the property for loading or unloading, a shuttle truck may be needed to complete the service. We will load up the smaller truck, and load the items onto the Semi from there. This may involve multiple trips. This can be arranged for a minimum charge of 300 dollars for smaller truck and additional labor. If there are more than one flight of stairs ( Up to 12 steps ), a fee of XXXX dollars per additional flight will be applied. Long carry ( first 75 feet from front door are included ), anything after 75 feet will be re-adjusted by the XXXX. XXXX XXXX XXXX will be sure to make your move an easy and informed process Call us directly for information about revisions to your contract. Be sure to accept your paperwork and an itemized inventory on pickup. If packing services are included in the estimate, please have the value of any specific valuable item written on the estimate. TERMS AND CONDITIONS : THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS CONTAINED HEREIN, REPRESENT THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN XXXX XXXX XXXX, ( HEREAFTER XXXX XXXX XXXX ) AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL OTHER NEGOTIATIONS, UNDERSTANDINGS, AND REPRESENTATIONS ( IF ANY ) MADE BY AND BETWEEN SUCH PARTIES, INCLUDING ANY REPRESENTATION MADE BY ANY ESTIMATOR. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ESTIMATE AND THE BILL OF LADING, THE TERMS OF THE BILL OF LADING SHALL CONTROL. THIS AGREEMENT MAY NOT BE AMENDED, SUPPLEMENTED OR WAIVED ORALLY, BUT ONLY IN WRITING, SIGNED BY BOTH XXXX XXXX XXXX AND THE CUSTOMER, AND MAKING SPECIFIC REFERENCE TO THIS AGREEMENT. CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF XXXX XXXX XXXX. NOTHING IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, IS INTENDED TO CONFER ANY RIGHTS OR REMEDIES ON ANY PERSON OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS AND PERMITTED ASSIGNS, NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO RELIEVE OR DISCHARGE THE OBLIGATION OR LIABILITY OF ANY THIRD PERSON TO ANY PARTY TO THIS AGREEMENT, NOR SHALL ANY PROVISION GIVE ANY THIRD PERSON ANY RIGHT OF SUBJUGATION OR ACTION OVER OR AGAINST ANY PARTY TO THIS AGREEMENT. CUSTOMER HAS HIRED XXXX XXXX XXXX AS THEIR MOVING COORDINATOR/BROKER/SHIPPER AGENT, NOT TO HANDLE OR OTHERWISE PARTICIPATE IN THE MOVE AS LABOR OR CARRIER IN ACTING AS A SHIPPER AGENT ONLY, XXXX XXXX XXXX IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE CARRIER OR ITS EMPLOYEES OR AGENTS. CUSTOMER MUST PURSUE THE CARRIER FOR ALL CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR DAMAGE TO PROPERTY, STOLEN GOODS, LOST ITEMS, DELAYED PICKUP OR DELIVERY, ACTIONS OF ESTIMATORS, DRIVERS, PACKERS, OR MOVERS. XXXX XXXX XXXX WILL ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER, THE CARRIER 'S MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING : ( A ) THE AMOUNT OF THE ACTUAL LOSS OR DAMAGE, ( B ) AN AMOUNT EQUAL TO XXXX XXXX ( XXXX XXXX ) PER POUND MULTIPLIED BY THE ACTUAL WEIGHT ( IN POUNDS ) OF THE LOST OR DAMAGED ARTICLE ; OR ( C ) THE LUMP SUM DECLARED VALUE. AS A PROPERLY LICENSED INTERSTATE MOVING COORDINATOR/BROKER/SHIPPER AGENT, XXXX XXXX XXXX IS NOT A MOTOR CARRIER A
05/30/2018 Yes
  • Mortgage
  • Conventional home mortgage
  • Struggling to pay mortgage
  • NY
  • 11375
Web Older American, Servicemember
XXXX XXXX XXXX and its subsidiaries never ever respond to clients. They intentionally failing borrowers at every stage of the mortgage servicing process. The modification was designed to help people and Ocwen tried to defraud people by increasing the monthly payments by 1700 % This is a criminal organization that must be closed. Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on a top-secret close door against XX/XX/XXXX foreclosure act and after it they find the proper moment to go in the house illegal and criminal and loot the entire property in case you complain too much. on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The NY. PA, Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today. " Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. " Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XXXX XXXX, XXXX, Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans. ////////////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB, State Authorities Order Ocwen to Provide {$2.00} XXXX in Relief to Homeowners for Servicing Wrongs XX/XX/XXXX Share this Share on XXXX Share on Twitter Share on XXXX Share on email Largest Nonbank Servicer Will Also Refund {$120.00} XXXX to Foreclosure Victims and Adhere to Significant New Homeowner Protections WASHINGTON, XXXX Today, the Consumer Financial Protection Bureau ( CFPB ), authorities in 49 states, and the District of Columbia filed a proposed court order requiring the countrys largest nonbank mortgage loan servicer, XXXX XXXX XXXX, and its subsidiary, Ocwen Loan Servicing, to provide {$2.00} XXXX in principal reduction to underwater borrowers. The consent order addresses Ocwens systemic misconduct at every stage of the mortgage servicing process. Ocwen must also refund {$120.00} XXXX to the nearly 185,000 borrowers who have already been foreclosed upon and it must adhere to significant new homeowner protections. Deceptions and shortcuts in mortgage servicing will not be tolerated, said CFPB Director XXXX XXXX. Ocwen took advantage of borrowers at every stage of the process. Todays action sends a clear message that we will be vigilant about making sure that consumers are treated with the respect, dignity, and fairness they deserve. The proposed Ocwen Consent Order is available at : http : //files.consumerfinance.govXXXX Ocwen, a publicly traded Florida corporation headquartered in XXXX, Ga., is the largest nonbank mortgage servicer and the fourth-largest servicer overall in the United States. As a mortgage servicer, it is responsible for collecting payments from the mortgage borrower and forwarding those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans and places a major emphasis on resolving delinquency through loss mitigation or foreclosure. In recent years, it has acquired competitors including XXXX XXXX XXXX XXXX ( formerly American Home Mortgage Servicing Inc. ) and XXXX XXXX XXXX XXXX. It has also acquired the mortgage servicing rights from the portfolios of some of the countrys largest banks. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act which protects consumers from unfair, deceptive, or abusive acts or practices by mortgage servicers whether they are a bank or nonbank. State financial regulators, state attorneys general, and the CFPB uncovered substantial evidence that Ocwen violated state laws and the Dodd-Frank Act. In early XXXX, examinations by the XXXX XXXX XXXX, which is comprised of state financial regulators, identified potential violations at Ocwen. In addition, the Federal Trade Commission referred its investigation of Ocwen to the CFPB after the Bureau opened in XX/XX/XXXX. The Bureau then teamed with state attorneys general and state regulators to investigate and resolve the issues identified. Todays settlement is a multi-jurisdictional collaborative effort. Borrowers Pushed into Foreclosure by Servicing Errors The CFPB and its partner states believe that Ocwen was engaged in significant and systemic misconduct that occurred at every stage of the mortgage servicing process. According to the complaint filed in the federal district court in the District of Columbia, Ocwens violations of consumer financial protections put thousands of people across the country at risk of losing their homes. Specifically, the complaint says that Ocwen : Took advantage of homeowners with servicing shortcuts and unauthorized fees : Customers relied on Ocwen to, among other things, treat them fairly, give them accurate information, and appropriately charge for services. According to the complaint, Ocwen violated the law in a number of ways, including : o Failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements ; o Charging borrowers unauthorized fees for default-related services ; o Imposing force-placed insurance on consumers when Ocwen knew or should have known that they already had adequate home-insurance coverage ; and o Providing false or misleading information in response to consumer complaints. Deceived consumers about foreclosure alternatives and improperly denied loan modifications : Struggling homeowners generally turn to mortgage servicers, the link to the owners of the loans, as their only means of developing a plan for payment. Ocwen failed to effectively assist, and in fact impeded, struggling homeowners trying to save their homes. This included : o Failing to provide accurate information about loan modifications and other loss mitigation services ; o Failing to properly process borrowers applications and calculate their eligibility for loan modifications ; o Providing false or misleading reasons for denying loan modifications ; o Failing to honor previously agreed upon trial modifications with prior servicers ; and o Deceptively seeking to collect payments under the mortgages original unmodified terms after the consumer had already begun a loan modification with the prior servicer. Engaged in illegal foreclosure practices : One of the most important jobs of a mortgage servicer is managing the foreclosure process. But Ocwen mishandled foreclosures and provided consumers with false information. Specifically, Ocwen is accused of : o Providing false or misleading information to consumers about the status of foreclosure proceedings where the borrower was in good faith actively pursuing a loss mitigation alternative also offered by Ocwen ; and o Robo-signing foreclosure documents, including preparing, executing, notarizing, and filing affidavits in foreclosure proceedings with courts and government agencies without verifying the information. Remedies : Consumer Protections Todays proposed court order will bar Ocwen from committing such violations in the future. It requires Ocwen to provide {$120.00} XXXX in refunds to foreclosed-upon consumers and {$2.00} XXXX in loan modification relief to its customers through principal reduction. The refunds and relief also apply to consumers whose loans were previously serviced by XXXX XXXX XXXX and XXXX XXXX XXXX. According to the proposed order, Ocwen must : Provide {$2.00} XXXX in relief to underwater borrowers : Over a three-year period, Ocwen must complete sustainable loan modifications that result in principal reductions totaling {$2.00} XXXX. For loan modification options, eligible borrowers may be contacted directly by Ocwen. Or borrowers may contact Ocwen to obtain more information about specific loan modification programs and to find out whether they may be impacted by this settlement. Ocwen can be reached at XXXX or XXXX. If Ocwen fails to meet this commitment, it must pay a cash penalty in the amount of any shortfall to the CFPB and the states. Provide {$120.00} XXXX in refunds to foreclosure victims : Ocwen must refund {$120.00} XXXX to consumers whose loans were being serviced by Ocwen, XXXX XXXX XXXX, or Litton Loan Servicing, and who lost their homes to foreclosure between XX/XX/XXXX and XX/XX/XXXX. All eligible consumers who submit valid claims will receive an equal share of the {$120.00} XXXX. Borrowers who receive payments will not have to release any claims and will be free to seek additional relief in the courts. Ocwen will also pay {$2.00} XXXX to administer the refund process. Eligible consumers can expect to hear from the settlement administrator about potential payments. Stop robo-signing official documents : Ocwen must ensure that facts asserted in its documents about borrowers loans used in foreclosure and bankruptcy proceedings are accurate and supported by reliable evidence. Affidavits and sworn statements must be based on personal knowledge. Adhere to significant new homeowner protections : Ocwen must change the way it services mortgages to ensure that borrowers are protected from the illegal behavior that puts them in danger of losing their homes. To ensure this, the CFPB and the states are proposing that Ocwen follow the servicing standards set up by the XXXX XXXX XXXX XXXX with the five largest banks. Because of Ocwens track record of problems handling the large volume of mortgage servicing rights it has quickly acquired in recent years, Ocwen is also being ordered to adhere to additional consumer protections, including how it manages transferred lans. Among other things, Ocwen must : o Properly process pending requests : For loans that are transferred to Ocwen, the company must determine the status of in-process loss mitigation requests pending within 60 days of transfer. Until then, Ocwen can not start, refer to, or proceed with foreclosure. o Honor previous loan modification agreements : If the borrower has a loan modification agreement, Ocwen must honor it under the terms of the company that transferred the loan. o Ensure continuity of contact for consumers : Ocwen will have to ensure that consumers get regular and dependable assistance when they call for help. This includes requiring more than just a single point of contact assigned to each borrower, but also that other Ocwen employees with access to the borrowers information be available if the borrower wants to speak to someone immediately. o Restrict servicing fees : All servicing fees must be reasonable, bona fide, and disclosed in detail to borrowers. For example, Ocwen can not collect any late fees if a loan modification application is under review or if the borrower is making timely trial modification payments. o Notify consumers of loss mitigation options and restrict dual tracking : Ocwen generally can not refer a borrowers account to foreclosure while the borrowers application for a loan modification is still pending. If the loan-modification request is denied, the borrower can appeal that decision and Ocwen can not proceed to foreclosure until that appeal has been resolved. In XX/XX/XXXX, the CFPB released new rules on mortgage servicing that will apply to every mortgage servicer. The standards that Ocwen must adhere to according to this court order are in addition to the protections offered to consumers under the new rules that take effect on XX/XX/XXXX. More information about the CFPBs new mortgage rules can be found at : consumerfinance.gov/mortgage. A factsheet about the proposed order filed today can be found at : http : //files.consumerfinance.govXXXX Common consumer questions and answers about the order can be found at : http : //files.consumerfinance.govXXXX A copy of the Ocwen complaint that the CFPB and state attorneys general filed today can be found at : http : //files.consumerfinance.govXXXX The complaint is not a finding or ruling that the defendants have actually violated the law. The proposed federal court order will have the full force of law only when signed by the presiding judge. # # # The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov. Updated on XX/XX/XXXX : The XXXX XXXX XXXX XXXX will mail claim forms to borrowers who lost their home to foreclosure between XX/XX/XXXX and XX/XX/XXXX and whose loans were serviced by Ocwen, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX ( also known as XXXX XXXX XXXX XXXX XXXX XXXX, or AHMSI ). Borrowers may submit claim forms online using their personalized claimant ID number, which is located on the claim form they receive. More information can be found at : XXXX Updated on XX/XX/XXXX : The Ocwen consent judgment entered by the court can be found at : http : //files.consumerfinance.govXX/XX/XXXX ////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB Sues Ocwen for Failing Borrowers Throughout Mortgage Servicing Process Mortgage Servicers Widespread Errors, Shortcuts, and Runarounds Cost Borrowers Money, Homes XX/XX/XXXX Share this Share on XXXX Share on XXXX Share on XXXX Share on email WASHINGTON, D.C. The Consumer Financial Protection Bureau ( CFPB ) today sued one of the countrys largest nonbank mortgage loan servicers, XXXX XXXX XXXX, and its subsidiaries for failing borrowers at every stage of the mortgage servicing process. The Bureau alleges that Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today. " Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. " Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XXXX XXXX, XXXX, Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans. The CFPB uncovered substantial evidence that Ocwen has engaged in significant and systemic misconduct at nearly every stage of the mortgage servicing process. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive, or abusive acts or practices, and other federal consumer financial laws. In addition, the Bureau adopted common-sense rules for the mortgage servicing market that first took effect in XX/XX/XXXX. The CFPBs mortgage servicing rules require that servicers promptly credit payments and correct errors on request. The rules also include strong protections for struggling homeowners, including those facing foreclosure. In its lawsuit, the CFPB alleges that Ocwen : Serviced loans using error-riddled information : Ocwen uses a proprietary system called REALServicing to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. Ocwen allegedly loaded inaccurate and incomplete information into its REALServicing system. And even when data was accurate, REALServicing generated errors because of system failures and deficient programming. To manage this risk, Ocwen tried manual workarounds, but they often failed to correct inaccuracies and produced still more errors. Ocwen then used this faulty information to service borrowers loans. In XX/XX/XXXX, Ocwens head of servicing described its system as ridiculous and a train wreck. Illegally foreclosed on homeowners : Ocwen has long touted its ability to service and modify loans for troubled borrowers. But allegedly, Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline. Ocwen has also foreclosed on borrowers who were fulfilling their obligations under a loss mitigation agreement. Failed to credit borrowers payments : Ocwen has allegedly failed to appropriately credit payments made by numerous borrowers. Ocwen has also failed to send borrowers accurate periodic statements detailing the amount due, how payments were applied, total payments received, and other information. Ocwen has also failed to correct billing and payment errors. Botched escrow accounts : Ocwen manages escrow accounts for over 75 percent of the loans it services. Ocwen has allegedly botched basic tasks in managing these borrower accounts. Because of system breakdowns and an over-reliance on manually entering information, Ocwen has allegedly failed to conduct escrow analyses and sent some borrowers escrow statements late or not at all. Ocwen also allegedly failed to properly account for and apply payments by borrowers to address escrow shortages, such as changes in the account when property taxes go up. One result of this failure has been that some borrowers have paid inaccurate amounts. Mishandled hazard insurance : If a servicer administers an escrow account for a borrower, a servicer must make timely insurance and/or tax payments on behalf of the borrower. Ocwen, however, has allegedly failed to make timely insurance payments to pay for borrowers home insurance premiums. Ocwens failures led to the lapse of homeowners insurance coverage for more than 10,000 borrowers. Some borrowers were pushed into force-placed insurance. Bungled borrowers private mortgage insurance : Ocwen allegedly failed to cancel borrowers private mortgage insurance, or PMI, in a timely way, causing consumers to overpay. Generally, borrowers must purchase PMI when they obtain a mortgage with a down payment of less than 20 percent, or when they refinance their mortgage with less than 20 percent equity in their property. Servicers must end a borrowers requirement to pay PMI when the principal balance of the mortgage reaches 78 percent of the propertys original value. Since XX/XX/XXXX, Ocwen has failed to end borrowers PMI on time after learning information in its REALServicing system was unreliable or missing altogether. Ocwen ultimately overcharged borrowers about {$1.00} XXXX for PMI premiums, and refunded this money only after the fact. Deceptively signed up and charged borrowers for add-on products : When servicing borrowers mortgage loans, Ocwen allegedly enrolled some consumers in add-on products through deceptive solicitations and without their consent. Ocwen then billed and collected payments from these consumers. Failed to assist heirs seeking foreclosure alternatives : Ocwen allegedly mishandled accounts for successors-in-interest, or heirs, to a deceased borrower. These consumers included widows, children, and other relatives. As a result, Ocwen failed to properly recognize individuals as heirs, and thereby denied assistance to help avoid foreclosure. In some instances, Ocwen foreclosed on individuals who may have been eligible to save these homes through a loan modification or other loss mitigation option. Failed to adequately investigate and respond to borrower complaints : If an error is made in the servicing of a mortgage loan, a servicer must generally either correct the error identified by the borrower, called a notice of error, or investigate the alleged error. Since XX/XX/XXXX, Ocwen has allegedly routinely failed to properly acknowledge and investigate complaints, or make necessary corrections. Ocwen changed its policy in XX/XX/XXXX to address the difficulty its call center had in recognizing and escalating complaints, but these changes fell short. Under its new policy, borrowers still have to complain at least five times in nine days before Ocwen automatically escalates their complaint to be resolved. Since XX/XX/XXXX, Ocwen has received more than 580,000 notices of error and complaints from more than 300,000 different borrowers. Failed to provide complete and accurate loan information to new servicers : Ocwen has allegedly failed to include complete and accurate borrower information when it sold its rights to service thousands of loans to new mortgage servicers. This has hampered the new servicers efforts to comply with laws and investor guidelines. The Bureau also alleges that Ocwen has failed to remediate borrowers for the harm it has caused, including the problems it has created for struggling borrowers who were in default on their loans or who had filed for bankruptcy. For these groups of borrowers, Ocwens servicing errors have been particularly costly. Through its complaint, filed in federal district court for the XXXX District of Florida, the CFPB seeks a court order requiring Ocwen to follow mortgage servicing law, provide relief for consumers, and pay penalties. The complaint is not a finding or ruling that the defendants have actually violated the law. The lawsuit is available at : http : //files.consumerfinance.govXXXX # # # The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov. /////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB Sues Ocwen for Failing Borrowers Throughout Mortgage Servicing Process Mortgage Servicers Widespread Errors, Shortcuts, and Runarounds Cost Borrowers Money, Homes XX/XX/XXXX Share this Share on XXXX Share on XXXX Share on XXXX Share on email WASHINGTON, D.C. The Consumer Financial Protection Bureau ( CFPB ) today sued one of the countrys largest nonbank mortgage loan servicers, XXXX XXXX XXXX, and its subsidiaries for failing borrowers at every stage of the mortgage servicing process. The Bureau alleges that Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today. " Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. " Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XX/XX/XXXX Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans. The CFPB uncovered substantial evidence that Ocwen has engaged in significant and systemic misconduct at nearly every stage of the mortgage servicing process. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive, or abusive acts or practices, and other federal consumer financial laws. In addition, the Bureau adopted common-sense rules for the mortgage servicing market that first took effect in XX/XX/XXXX. The CFPBs mortgage servicing rules require that servicers promptly credit payments and correct errors on request. The rules also include strong protections for struggling homeowners, including those facing foreclosure. In its lawsuit, the CFPB alleges that Ocwen : Serviced loans using error-riddled information : Ocwen uses a proprietary system called REALServicing to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. Ocwen allegedly loaded inaccurate and incomplete information into its REALServicing system. And even when data was accurate, REALServicing generated errors because of system failures and deficient programming. To manage this risk, Ocwen tried manual workarounds, but they often failed to correct inaccuracies and produced still more errors. Ocwen then used this faulty information to service borrowers loans. In XX/XX/XXXX, Ocwens head of servicing described its system as ridiculous and a train wreck. Illegally foreclosed on homeowners : Ocwen has long touted its ability to service and modify loans for troubled borrowers. But allegedly, Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline. Ocwen has also foreclosed on borrowers who were fulfilling their obligations under a loss mitigation agreement. Failed to credit borrowers payments : Ocwen has allegedly failed to appropriately credit payments made by numerous borrowers. Ocwen has also failed to send borrowers accurate periodic statements detailing the amount due, how payments were applied, total payments received, and other information. Ocwen has also failed to correct billing and payment errors. Botched escrow accounts : Ocwen manages escrow accounts for over 75 percent of the loans it services. Ocwen has allegedly botched basic tasks in managing these borrower accounts. Because of system breakdowns and an over-reliance on manually entering information, Ocwen has allegedly failed to conduct escrow analyses and sent some borrowers escrow statements late or not at all. Ocwen also allegedly failed to properly account for and apply payments by borrowers to address escrow shortages, such as changes in the account when property taxes go up. One result of this failure has been that some borrowers have paid inaccurate amounts. Mishandled hazard insurance : If a servicer administers an escrow account for a borrower, a servicer must make timely insurance and/or tax payments on behalf of the borrower. Ocwen, however, has allegedly failed to make timely insurance payments to pay for borrowers home insurance premiums. Ocwens failures led to the lapse of homeowners insurance coverage for more than 10,000 borrowers. Some borrowers were pushed into force-placed insurance. Bungled borrowers private mortgage insurance : Ocwen allegedly failed to cancel borrowers private mortgage insurance, or PMI, in a timely way, causing consumers to overpay. Generally, borrowers must purchase PMI when they obtain a mortgage with a down payment of less than 20 percent, or when they refinance their mortgage with less than 20 percent equity in their property. Servicers must end a borrowers requirement to pay PMI when the principal balance of the mortgage reaches 78 percent of the propertys original value. Since XX/XX/XXXX, Ocwen has failed to end borrowers PMI on time after learning information in its REALServicing system was unreliable or missing altogether. Ocwen ultimately overcharged borrowers about {$1.00} XXXX for PMI premiums, and refunded this money only after the fact. Deceptively signed up and charged borrowers for add-on products : When servicing borrowers mortgage loans, Ocwen allegedly enrolled some consumers in add-on products through deceptive solicitations and without their consent. Ocwen then billed and collected payments from these consumers. Failed to assist heirs seeking foreclosure alternatives : Ocwen allegedly mishandled accounts for successors-in-interest, or heirs, to a deceased borrower. These consumers included widows, children, and other relatives. As a result, Ocwen failed to properly recognize individuals as heirs, and thereby denied assistance to help avoid foreclosure. In some instances, Ocwen foreclosed on individuals who may have been eligible to save these homes through a loan modification or other loss mitigation option. Failed to adequately investigate and r
01/22/2019 Yes
  • Checking or savings account
  • Checking account
  • Managing an account
  • Problem using a debit or ATM card
  • FL
  • 33193
Web
I would like for the CFPB to reopen & review all the facts and evidence in my Debit Card Dispute # XXXX from XX/XX/XXXX on file with my bank, Ally Bank. The disputes are for about 50-60 seperate online transactions totaling about {$4500.00} from XXXX XXXX / XXXX Ally Bank says that i missed the deadline by a few weeks to file these disputes to be totally covered for all of the charges totaling about {$4500.00}. I was lucky to even piece together this fraud at all. After 90 days of waiting XXXX only refunded me via that dispute {$200.00} from the total {$4500.00} due. XXXX was not willing to cooperate. Due to the overwhelming evidence of fraud, that timeline should be waived, I should be 100 % protected as a consumer and a Government Agency needs to step in and have the computer system just refund me my money automatically. The CFPB needs to approve my complete chargeback and have the dispute team at Ally Bank & XXXX , Inc reverse all of the charges and refund me my {$4500.00}. Ally Bank says that its limited as to what it can do but I need the CFPB to step in here and resolve my case. XXXX should not even be allowed to have a credit card machine or bank account. I have reported this to over 15 Government Agencys Including : The XXXX XXXX XXXX : Case XXXX The Federal Trade Commission : Case # XXXX The California Dept of Insurance : Case # XXXX The Florida Dept of Financial Services : Case # : SR # :XXXX Dispute with My Bank : Ally Bank , Dispute # XXXX Also see my previous complaint to the CFPB regarding XXXX XXXX XXXX / XXXX / XXXX XXXX XXXX XXXX which the CFPB said on XX/XX/XXXX that it has been forwarded to the FTC . * Complaint number : XXXX * Date submitted to CFPB : XX/XX/XXXX In my case with XXXX XXXX / XXXX / XXXX XXXX XXXX XXXX my evidence & findings will show that Renters are provided with vehicles with serious defects, are not warned of potentially dangerous conditions that may exist or develop and are deprived of valuable information as to the true condition of their rental vehicles along with deceptive practices and unfair charges. XXXX XXXX / XXXX / XXXX XXXX XXXX XXXX used deception, deceptive & unfair practices, fraud, false pretense, false promise, misrepresentation & concealment as well as suppression & omission of material facts. XXXX XXXX, XXXX rented me 3 junk title, salvage, rebuilt title cars for 90 days at {$50.00} per day with full price insurance for cars that should not even be on the road as if they were new/undamaged at full price / top dollar prices. Their website says no junk title, salvage, rebuilt title cars allowed. When I brought it to their attention with proof they said I'm lying. They gave me the run around & now they even blocked my phone number from being able to call their XXXX Customer Service #. These guys did fraud on me, gave me an unsafe vehicle, gave me a poor quality product that was not as described, they failed to protect me as a consumer, they failed to properly inspect, confirm & certify the products they allow on their platform, they never disclosed anything to me and when confronted with this they lie and deny it all and then when I sent them the proof they totally ignore me & block my phone number. I have proof of all conversations & of all the evidence. The full coverage they charged me for was with XXXX XXXX XXXX XXXX XXXX/ Policy # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX , CA XXXX XXXX XXXX Also, I have reported these guys to every agency that exists. I need help to get my money back. My bank via dispute was unable to get me my {$4500.00} back because i missed the deadline to file a dispute by a few weeks. After months of giving me the run around XXXX finally wanted to arbitrate with their company XXXX / Dispute # XXXX / Arbitrator : XXXX XXXX XXXX, License # 193606, State Of California Bar I sent XXXX over 50 pages of evidence and proof that the damages I recieved were financial. After 2 weeks of wasting my time the arbitrator said that I lost the case and I dont even deserve 1 penny. Now XXXX is not honoring my request to have my decision appealed. I wrote this to XXXX & to XXXX : It seems only right that I deserve an appeal and or an award of some sort When you step back and see the bigger picture of what is going on internally with XXXX here you start to notice a pattern. The pattern is that XXXX is renting rebuilt, salvage, junk title cars with no disclosure on purpose to consumers as if they were undamaged at the highest possible price that you can rent a real undamaged car for per day at about {$40.00}. Plus they add {$13.00} per day of full coverage insurance for a junk car that is not even really insurable with full coverage. Their computer system must know these cars are junk but they turn a blind eye so they can make false profits. Then they sit back and wait to see who complains, they give them the run around for as long as they can, then whoever get to XXXX arbitration will never win the case or any money because XXXX has a nice scam going on here with the way they word their contracts. And they save all that money by just paying XXXX a monthly retainer fee. This is unfair and unethical behavior by a business. It really shows alot. XXXX also should not be associated with these fraudsters. I can't believe that the arbitrator did not even award me one penny. She said I failed to prove any damages. The damages were to my pocket. The damages were financial. Not to mention how they lied about everything and put me on a mission instead of giving me back a 50 % refund of {$2300.00} or so in the beginning. My bank said if I would of disputed this in time I would of gotten back all of my {$4500.00}. So I can't believe that the arbitrator didn't give me an award. And I am sure a jury will side with me. I will be fighting this to the end and now today i will include XXXX as part of this full circle fraud lawsuit with XXXX. The top XXXX bosses must know about this pattern. XXXX and XXXX are putting people in danger and putting profits over human lives and zero regard for people financial stability or safety. They basically sold me on a nice chocolate bar wrapped up in a bow with 24k gold paper 4 times in a row but when you start to see, taste and smell the chocolates up close and you start to decipher the recipe and ingredients and you do some research and you stumble on something then you realize that you really just ate 4 bars of dog poop. And with no warning or disclosure on the wrapper or website. Read My Entire Story Below : XXXX Rented Me 3 Salvage/Rebuilt Title Vehicles as if they were new/undamaged at full price / top dollar prices. Their website doesn't allow these damaged cars at all. The representative said over the phone that the 3 cars seemed to fall threw the cracks and it made it onto their system 3 times in a row unchecked for salvage or rebuilt titles, where i ended renting them at top dollar prices for a junk car thats worth atleast 50 % less in value. They said that the car owner scammed them. I told them that, that is not my fault or problem. They put me in an unsafe vehicle. They never disclosed this to me and the product quality was not that of what i chose & agreed to pay for. I believe i paid off this guys junk cars with all the days that i rented it. Now he has a free car that i got ripped off on and i paid for. I rented 3 vehicles from the same owner on this platform. I rented these 3 junk cars for about 90 days in a row at {$50.00} per day for a grand total of about {$4500.00}. The rental dates were fromXX/XX/XXXX - XX/XX/XXXX. It came to my attention on about XX/XX/XXXX that these cars all had damage. I contacted XXXX about this. The first rep said that the vehicle owner and his cars would be kicked off the platform. Then i asked for a 50 % refund for having over paid and being ripped off for a subpar product. They said they would escalate it to the manager. The manager wrote back to me in 15 minutes and said that after careful review of the Florida DMV Database none of the cars had a rebuilt/salvage title. And he said that because of that reason my 50 % refund would be denied. I asked for proof of their findings and at the same time i did my own research and provided them with the evidence that all 3 cars were in fact rebuilt/salvage titles. They never responded to me after i sent them the proof. I then told them that they are giving me the run around and that i now want a full 100 % refund. I also tried to call them several times while i waited on hold for 15 minutes and an answering machine says to leave a message that no one will ever respond to. i finally got someone to answer on about XX/XX/XXXX and they said that the manager from the billing department knew about me and my problem and that they would be researching it. They never got back to me and no one answers the XXXX #. This Is The FREE FLORIDA DMV VIN # CHECK WEBSITE : XXXX XXXX XXXX These guys did fraud on me, gave me an unsafe vehicle, gave me a poor quality product that was not as described, they failed to protect me as a consumer, they failed to properly inspect, confirm & certify the products they allow on their platform, they never disclosed anything to me and when confronted with this they lie and deny it all and then when i sent them the proof they totally ignore me. I also had my bank helping me fight this. ( Update : On XX/XX/XXXX My bank via dispute was only able to help me recover {$100.00} for 2 rental days & another {$100.00} for another 2 rental days for a total of {$200.00} for 4 rental days. Every rental day with insurance was exactly {$51.00} ) I have attached that evidence as well. My bank was unable to help me recover anything more than the {$200.00}. I missed the deadline for the dispute protection timeline they say because I rented the cars from XX/XX/XXXX - XX/XX/XXXX but did the chargeback a bit to late towards the end of XX/XX/XXXX when I luckily found out about what XXXX did to me by putting 2 and 2 together and then I started asking XXXX questions. I feel that the dispute timeline should be waived do to the circumstances of fraud and deception that took time to unravel I have proof of all evidence and of the email conversations back and fourth between me and XXXX which has been attached. I also believe that they still have these damaged cars on their platform and are charging people top dollar and not disclosing this information to them. I know there are more victims out there even after it has been brought to XXXX 's attention. These are unfair business practices that all of the management and employess in that business are aware of and they practice everyday. They are putting profits before peoples safety. I believe that these are grounds for a civil / class action lawsuit if they dont refund my money and stop these unfair practices. They are in the stock market under symbol : XXXX, they cant be doing this to people. They are also reporting profits earned that are based on these unfair and unsafe business practices. XXXX has put me on a roller coaster ride back and fourth for over 5-6 months trying to recover my money and resolve this. I have wasted an extraordinary amount of time & energy doing research, making phone calls, writing emails, responding to emails, copying and pasting evidence, waiting on hold, and spending countless hours writing, documenting and reviewing all of my writings, documentation and organizing evidence, etc all due to XXXX continuous lies and ways that they cheat & treat the consumer. I estimate that I have wasted about 75 hours of my personal time doing all of this work during this ordeal these 5-6 months. Not to mention that XXXX has dragged this on for almost 6 months for no reason when I have been trying to resolve this directly with them in good faith from the beginning. XXXX left me out in the cold and they made me feel violated and I felt taken advantage of. I felt as if no one can hear me screaming for help. On top of everything they played games back and fourth and made me feel voiceless and helpless. They blocked my phone number from being able to call their XXXX customer service number for help and they stopped responding to my emails. This caused me and is still causing me terrible stress. During this entire ordeal I have provided an overwhelming amount of evidence and proof of about 30-50 pages in length and XXXX has just replied with 3 sentences in total. This is what XXXX responded to the XXXX with : Thank you for the opportunity to respond to this consumer complaint concerning the vehicles they rented on our platform. Our rentals are offered for ride-share drivers, and the reason for not allowing Salvage or Rebuilt titles on the site is due to most areas not accepting these types of vehicles for use with XXXX / XXXX. As the vehicles are listed by the owners, not all states registrations show the salvage or rebuilt status on the documents used to verify a vehicle for the platform. All vehicles mentioned by the consumer, including the user who listed them have been permanently removed from our site. The price paid for these vehicles is set by the owner and the prices paid for rental of the consumers vehicles was {$30.00} - {$39.00} per day. During the entire duration of these rentals, the vehicles cause no issues for the consumer. We have no records of the consumer reaching out concerning these issues until after the rentals have ended. If issues with the mechanical functionality with these rentals had occurred, then a refund would be due, however the renter kept the vehicles without incident and at this time no refund will be honored. I did NOT accept XXXX response via the XXXX XXXX XXXX Case # XXXX and i wrote back to them explaining why below : There is NO excuse for allowing me to rent 3 seperate UNSAFE salvage / rebuilt tilte vehicles from the same person. My life was put in danger & so was the lives of my passengers. Your platform must have a robot or a human manually verify each and every vehicle that you have on your website by running the vin number on XXXX or XXXX. it costs money to do that and you guys dont want to pay for that safety check. Your response for not allowing salvage / rebuilt titles on your site is that : its due to most areas not accepting these types of vehicles for use with XXXX / XXXX. Instead you should say that you do NOT allow salvage / rebuilt title vehicles on your site because they are unsafe pieces of junk that have been totally damaged and no one knows if someone has even died in these vehicles, these cars are worth XXXX dollars and they are ticking time bombs. I was a driver for only XXXX. I was also let down by XXXX because they didnt catch these junk cars that made it onto their system. XXXX was the second line of defense to protect me and they also let me down. XXXX is trying to put the blame on the car owner that put his 3 junk cars on the website, but XXXX can not allow a random person to do that without fully verifying that the vehicle they have is not a junk car / death trap. They have no safety measures in place and that is totally unnaceptable. As the saying goes : " Trust But Verify ''. XXXX says that vehicles are listed by the car owners, and some states car registrations & documents do not show a vehicles title status when they upload a car to their platform. That makes no sense. They have to have a way of verifying the junk that people are putting on their platform. I did the research for 3 cars and found everything out in 5 minutes by myself. Now they say that the user has been kicked out of the platform and all of his cars have been removed, but it is too late for that, he already ripped me off and stole my money. And I was the one that did all of the research and provided the evidence that got him kicked out. I did all the work. XXXX also says that : The price paid for these vehicles is set by the owner and the prices paid for rental of the consumers vehicles was {$30.00} - {$39.00} per day. So XXXX allowed this guy to put a junk / salvage / rebuilt title car on their platform that is worth XXXX dollars or maybe {$190.00} PER MONTH at most so he can rent it to me for {$40.00} PER DAY which is equal to {$1200.00} PER MONTH. I believe that i totally paid of all of this guys junk cars, so now he has a free car that i paid top dollar for when it was worth XXXX. On top of the {$40.00} PER DAY car rental fee i had to pay {$13.00} per day for INSURANCE which is equal to {$400.00} PER MONTH for a junk car that the insurance should really be about {$75.00} PER MONTH. So in total i paid {$1600.00} per month for a car that was really worth at most in good condition about {$300.00} PER MONTH. I was scammed and overcharged by about 500 % every day / month for those cars. All 3 rental cars did cause an issue for me. The nissans transmission broke. The XXXX 's brake system was broken and making a terrible screeching sound and the XXXX XXXX had a tire that exploded and has no spare tire, jack, or lug nut removal tool in the trunk. And all 3 cars were junk / rebuilt / salvage title. XXXX says : During the entire duration of these rentals, the vehicles caused no issues for the consumer. We have no records of the consumer reaching out concerning these issues until after the rentals have ended. If issues with the mechanical functionality with these rentals had occurred, then a refund would be due, however the renter kept the vehicles without incident and at this time no refund will be honored. Everytime a car had a problem i would contact the car owner directly and he would say to not tell XXXX about it that he would just get me another better car. I obviously had 3 seperate mechanical problems with 3 seperate junk cars and a refund is due. Also, I made no money buy using these junk cars for XXXX. I paid an average of {$53.00} PER DAY for the rental car with the insurance PLUS {$25.00} per day in gas that these junk cars were excessively consuming. So i paid for the car, insurance and gas daily about {$80.00}. On an average day with XXXX i would only make $ XXXX- {$75.00} in a 8 hour - 10 hour period. I was just working to pay the car, i never made any profit from this. i lost all the way around and i want a 100 % refund. You failed to protect me as a consumer in every way possible. Financially and safety wise. Your website says NO salvage / rebuilt title cars allowed. You failed to deliver as promised for a product that was not as described on your website, aside from all the other thing you have done wrong. I also just checked the XXXX website and the guy that rented me 3 junk cars has a partner that i remembered he told me about, and that partner has a car dealer and he has a bunch of junk / salvage /rebuilt title cars on the XXXX website right now as i type this note. Im sure that on the XXXX website today atleast 55 % of all the cars on their platform are junk / rebuilt / salvage title. XXXX must be audited by an independent company to confirm that they are not still doing this to innocent people that work hard for their money. They are putting profits before saftey and they are playing with fire. i want 100 % of my money back. I have also been warning people on other consumer websites and all over social media, XXXX and XXXX and all of the car related groups. No matter what XXXX says they need to fully verify & validate each vehicles information that a person uploads onto their platform in order to protect the consumer. If they fail to do so they need to fully compensate the person that eneded up renting these junk cars at full price. The XXXX websites says : " No Junk, Salavage Or Rebuilt Titles Allowed '' plain and simple. They should put a Warning Sign on their website that says : " We sometimes mess up and allow people to upload their junk, salvage, rebuilt title cars on the platform where unaware consumers pay full price and risk serious injury. '' XXXX keeps saying that i never reported any problems that i had with each car to them. Car # 1 broke in 2 weeks because the transmission broke. So i called the owner directly and told him the car broke. He said ok no problem I will upload a new car to XXXX and i will put you in a new car. Car # 2 also had problems with the brake system and the car owner said again ok no problem I will upload a new car to XXXX and i will put you in a new car. Then Car # 3 broke when the tire exploded and had no spare tire or tire removal tools and again he said ok no problem I will upload a new car to XXXX and i will put you in a new car. At this time i was NOT aware that each of these 3 cars were all junk, rebuilt, salvage titles. XXXX also failed to disclose this to me each time. Obviously each car had a problem. Obivously XXXX never did any verifications on each car. XXXX always says to contact the car owner directly when there is a problem with the car. After all XXXX says they are only a platform, so what can they do for me if a car breaks? Nothing. The car owner said he has 10 cars i can choose from, so that was the fastest solution for me. The next step & the first step should have been for them to tell the car owner : " sorry we cant accept your cars on our platform due to the invalid title that came up on our inspection ''. For Car # 3 The XXXX XXXX On XX/XX/XXXX I Contacted the XXXX Claims Department because a person very lightly hit the mirror of the car i was driving. I got a police report from the Florida Highway Patrol ( Crash # XXXX ) for the incident that happened XX/XX/XXXX. The estimated amount of damage was around {$100.00}. I also notified the car owner at the same time so he can contact XXXX and so he can work it out with the driver at fault and their insurance. He was going to pay for the replacement top cover of the drivers side mirror. That was the only cosmetic damage & it did not require a stay at the body shop. The mirror top was going to be painted and then installed. It took about 4 days from XX/XX/XXXX -XX/XX/XXXX for me to hear from the car owner because he said he was out of the country on vacation. The car owner was unavailable and was on vacation out of the country almost every weekend. At this point and time during the Claims Process, the XXXX claims department blocked me as a driver while they investigated everything on their end for this incident they said. After 2 or 3 days of me being blocked from renting, XXXX reinstated my ability to re rent the same vehicle, Car # 3 after everything was squared away with the other drivers insurance and the car owner and XXXX all at the same time. DURING THIS CLAIMS INVESTIGATION AROUND XX/XX/XXXX NO ONE FROM XXXX CHECKED OR FLAGGED THE VEHICLE FOR HAVING A REBUILT, SALVAGE, JUNK TITLE. THEY JUST LET ME RE RENT IT AGAIN. ONCE AGAIN THEY FAILED TO PROTECT ME. Also, for Car # 3 The XXXX XXXX on about XX/XX/XXXX I did a chargeback request to my bank for {$51.00} for the day of XX/XX/XXXX because the car tire exploded while i was driving. The car had no spare tire in the trunk, no lug nut removal tool and no car jack to lift the car. It took me about 4 hours to resolve this tire problem on my own. I had been asking the car owner for several weeks before the tire blew up when was he going to buy new tires because they were looking bald and he would just delay and stall me for time with excuses. I lost this dispute on XX/XX/XXXX for {$51.00} ( Ally Bank Dispute # XXXXXXXX XXXX XXXX ) because i failed to properly fill out all the forms my bank requested on time because i was just too busy with alot of things going on at once. I felt that i should have recieved this credit for the mission i was put on. I had to push the car by myself on a saturday night as the sun was setting all by myself. Basically that same day the tire blew up I decided to no longer deal with XXXX or the car or the car owner. I could no longer concentrate, focus or trust the vehicles that I had been given. I did not feel safe on the road anymore. I lost all faith and felt unsafe and unsure of using these cars that i was being given. I kept feeling worried and afraid that i would break down again in the middle of no where at night all by myself. I emailed XXXX and the car owner that I would no longer be renting the vehicle and I instructed the car owner to pick up the car at my house. It took him about 4 days to pick up the car because he was out of the country on vacation once again. XXXX seems to not care or not understand that i did everything correct as a consumer. I followed all of the rules and i played fair. I was the one scammed here. XXXX also said that they immediately kicked out the car owner and his cars from the site once they were alerted. Yea, i was the one that had to investigate everything by myself and i am the one who brought this to XXXX attention after they first said that they did a full review and said that all the cars titles were good. I then showed them proof that each car was a junk title. Its incredible how i am the one being scammed here and i have had to do all of the work and show all of the proof that XXXX never did. Its like if i am doing a better job then everyone that works at XXXX. I am the one that got scammed, i am the one that figured this whole mess out, I am the one having to provide proof of everything while XXXX wants to sit back and put the blame on me and say that i did not do things correctly. They want to deny my refund because they say : " The consumer claims to have been put in danger, however they chose to continue with the rental, and continue making extensions with the rental. '' Well if i would have known that each car was a junk car i would of never of rented it or used it. XXXX XXXX says that i should of done this or done that, but they did zero to protect me. I called XXXX on XX/XX/XXXX to speak to a manager about my case. They told me on XX/XX/XXXX that a manager would call me back on XX/XX/XXXX. Mid day on XX/XX/XXXX XXXX still had not called me back, so i called them, the customer service rep said hold on one second while i find a manager, 2 minutes later the rep hung up on me, i called back the XXXX number and they have blocked my phone number from being able to call their XXXX number for customer service. This company is up to no good. Mid XXXX of XX/XX/XXXX I tried to contact at XXXX : XXXX XXXX. Phone : XXXX to let him know about my case. i got this number from the XXXX report. I called the # and this number i am still able to reach but it is just a recording that goes to an answering machine that no one answers or responds to. I will keep the XXXX updated on if they block me from this # as well. I have attached a snap shot of the video & The Video Link to watch the video that shows and plays the recording of me calling the XXXX XXXX customer service number on XX/XX/XXXX at XXXX and it says that I am still blocked from being able to call them and then it hangs up on me. Watch The Video of this on XXXX : XXXX XXXX XXXX I also ask that XXXX provide & release evidence of all phone records & logs, email communications and recorded phone conversations regarding my account from every single conversation they have had with me. You will hear in these phone conversations the frustration & pain in my voice and the feeling of overwhelming confusion and mental & emotional abuse that I endured while everyone at XXXX played games with me, gave me the wrong information and did sneaky things & lied every single time to try to get rid of me and at the same time try to sweep everything under the rug. All of this abuse took place while I was genuinely trying to resolve everything in good faith with them. I have heard 5 different reasons & have as evidence & it is documented from 5 different people at XXXX as to why they did not want to honor my refund, while at the same time no one addressed my concerns. I have also contacted and reporting eveything that XXXX has been doing to the SEC ( U.S. Securities & Exchange Commission ) online via the investor compalint form. CASE NUMBER : XXXX. Their stock symbol is XXXX. i feel that their stockholders and board members and others would like to know that XXXX daily profits involve lying to consumers and the rental of illegal unsafe vehicles to the public with no disclosure. I RETURNED THE LAST RENTAL ON XX/XX/XXXX. I LET XXXX KNOW ABOUT THESE JUNK, SALVAGE, REBUILT TITLE CARS ON 8/21/18 IMMEDIATELY AFTER I FOUND OUT ABOUT ALL OF THIS BY LUCK WHEN I WAS LOOKING AROUND THE XXXX WEBSITE ONXX/XX/XXXX BECAUSE I WAS INTERESTED IN BUYING A CAR AND PUTTING IT FOR RENT ON THE XXXX WEBSITE PLATFORM SO OTHERS COULD RENT IT FROM ME. I THEN WENT TO THEIR CAR INSURANCE & REGISTRATION SECTION TO READ MORE DETAILS & I SAW IT SAID : " NO REBUILT OR SALVAGE TITLES ALLOWED ON XXXX. I THEN WENT TO THE TAB FOR MY PAST CAR RENTALS AND I WAS LOOKING AT THE YEAR, MAKES AND MODELS OF THE CARS I HAD RENTED. I THEN SAW THE VIN NUMBERS & SOMETHING INSIDE ME TOLD ME TO XXXX : HOW TO CHECK A CAR VIN NUMBER FOR FREE ONLINE & THE FLORIDA DEPARTMENT OF MOTOR VEHICLES, VEHICLE INFORMATION CHECK WEBSITE CAME UP. I ENTERED THE VIN NUMBER FOR 1 CAR IN THE SYSTEM AND I COULD NOT BELIEVE WHAT IT SAID : " REBUILT/SALVAGE TITLE ''. MY FACE TURNED RED AND I COULDNT BELIEVE IT. I THEN ENTERED THE OTHER 2 VIN NUMBERS AND THEY WERE ALL THE SAME JUNK AS WELL. I WAS VERY UPSET & I IMMEDIATLEY CALLED XXXX & EMAILED THEM WITH MY FINDINGS AND THATS WHEN THIS WHOLE PROCESS BEGAN ON XX/XX/XXXX OF XXXX LYING TO ME AND GIVING ME THE RUN AROUND AND MISDIRECTING ME, ETC. XXXX is complaining that i took about 50 days after i returned the last vehicle to reach out for a refund. I would of reached out & made the same complaints & refund requests wheather i would of found out about this within 1 day or 1 year of having returned the last rental. I was lucky to even be able to find out about this whole mess, cover up & misdirection that XXXX put me through with these junk, salvage, rebuilt titles. XXXX & their Insurance company & The XXXX Claims Department failed to pick up on this scam as it was happening to me live in real time. And it happened with 3 cars in a row. And plus they let me re rent the same car after i was blocked as a driver for the incident on XX/XX/XXXX without disclosing anything to me. And there is no excuse for the way XXXX treated me or handled this incident once i brought it to their attention. Their repeated lies, misdirection & total ignorance to this serious problem leads me to believe that they totally knew about this from the beginning & that they have done this in the past & will continue to do this to unsuspecting victims such as myself in the future. XXXX has to have a network/computer security team in their back office that has some sort of computer program that flags these cars on their platforms once it runs the VIN # s. I have tried over and over again from the beginning with XXXX to try and resolve this in good faith but even up till now they are just giving me the run around and there is no excuse for it. XXXX did fraud on me, gave me an unsafe vehicle, gave me a poor quality product that was not as described, they failed to protect me as a consumer, they failed to properly inspect, confirm & certify the products they allow on their platform & they never disclosed anything to me.
05/04/2017 Yes
  • Mortgage
  • Other type of mortgage
  • Applying for a mortgage or refinancing an existing mortgage
  • CA
  • 91331
Web Older American, Servicemember
FROM : XXXX XXXX XXXX PRINCIPLE/PRIMARY APPLICANT ( XXXX years of age ) XXXX XXXX XXXX ( XXXX years of age ) APPLICANT XXXX XXXX XXXX XXXX CA XXXX PHXXXX E-MAIL : XXXX ( XXXX ) XXXX ( XXXX ) CIVIL RIGHTS VIOLATION ( Cal Gov. Code, Sec. 12921 ( b ), and others UNLAWFUL DENIAL OF MORTGAGE APPLICATION AND QUALIFICATION PROCESS AND DENIAL OF PARTICIPATION IN THE NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA ( NACA ) HOME BUYING PROGRAM. DISCRIMINATION, MARITAL STATUS ( Cal Gov. Code 12955 ( e ), Cal Civ. Code, Sec. 51, and others, infra ) MISREPRESENTATIONS-Bus & Prof Code 10176. XXXX XXXX XXXX, NACA MORTGAGE CONSULTANT, NMLS # XXXX LICENSE # XXXX XXXX NACA DRE CORPORATION # ID XXXX NACA NMLS COMPANY ID # XXXX STATEMENT OF FACTS NOTE PG XXXX WIFE WILL BE ADTL ACT HLDR-BUT NOT YET : NACA MTG CONSULTANT XXXX XXXX XXXX DENIED APPL XXXX XXXX XXXX, & XXXX XXXX PARTICIPATION IN NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA ( HEREINAFTER, NACA ) MORTGAGE HOME BUYING PROGRAM ON THE BASIS THAT XXXX XXXX HAD PROPERTY OR A PROPERTY INTEREST. HE HAS NO PROPERTY INTEREST. XXXX XXXX HAS A SOLE AND SEPARATE PROPERTY, WHICH ACCORDING TO NACA WORKBOOK REQUIREMENTS WOULD HAVE BEEN TRANSFERRED PRIOR TO ANY NACA -- INVOLVEMENT, CONSUMATED PURCHASE AND SALE AGREEMENT, OR " CLOSING '', AS THE CASE MIGHT BE. THE DISCRIMINATORY DENIAL WAS BASED ON A MISREPRESENTATION OF MORTGAGE CONSULTANT XXXX XXXX XXXX, AND ACCORDING TO CALIFORNIA LAW, A VIOLATION OF A CIVIL RIGHT. After reliance on first meeting statements of representatives of the HUD Certified Counseling Agency Neighborhood Assistance Corporation of America 's ( Hereinafter NACA ), and the ADVOCACY HOMEBUYING HOME SAVE HOME BUYER 'S WORKBOOK ( hereinafter, WORKBOOK ) for preparation, four phone calls, many hours preparation, obtaining and e-mailing documents ),XX/XX/XXXXtwo trips totaling XXXX plus miles -- XXXX to an original required meeting, inXX/XX/XXXX, XX/XX/XXXXCA (XX/XX/XXXX miles round trip, 5 hours ). A Second mandatory step was attending a confirmed appointment to the Housing Counselor Meeting, XX/XX/XXXX, scheduled at XXXX XXXX XXXX XXXX XXXX XXXX California. ( XXXX miles roundtrip, 5 hours total ), which we did. At or about XXXX XXXX., that date, after completing additional paperwork, for the initial Housing Counselor meeting, the Secretary/office assistant handed membership agreements and other forms which were negotiated by XXXX XXXX and this writer. Inspecting the forms, the Secretary/office assistant raised an issue we understood and believed -- on investigated information and belief -- proved quite clear in XXXX separate paragraphs in the WORKBOOK, which had been received previously attending the above XXXX XXXX, XX/XX/XXXXmeeting -- present ownership interest in property. The XXXX XXXX assistant communicated by computer to whom she described as her " manager ''. We had mentioned " double escrow '' when assistant first raised the issue, to ostensibly her puzzlement. She ostensibly tried to thwart the meeting at the its inception, after we signed the membership agreement, and other documents, and our respective drivers ' licenses scanned. XXXX XXXX XXXX XXXX finally came out to greet and see us, professionally and courteously, and knowledgeable, with whom we spent at or about 45 minutes. With an MC before the name on his card, we discussed in his office WORKBOOK parameters, and the issue the Secretary/office assistant had raised ( see infra ), and our analysis of certain clauses. ( We later presumed " MC '' stood for mortgage consultant as well. And we had no problem with him ). We pointed to XXXX applicable WORKBOOK phrases and our plan with respect to them, inculcating several analyses of customs a usages of California real estate procedures. THE WORKBOOK STATED THE PURPOSE OF HOUSING COUNSELOR MEETING AGENDA, which included analyzing e-mailed documents, budgets, and other steps yet to be gone over. We had not gotten into any ACTION PLAN and the next steps. XXXX XXXX recognized our concern of XXXX seemingly, contrary clauses which circumstance ( potentially applicable only to XXXX XXXX ) had been mentioned by the office assistant, and our plain- meaning interpretation of them being read together. He consulted a stack of papers he identified as underwriting guidelines '', indicating in passing. " 'They ' will never qualify you ''. We pointed out those initial observations were in contradistinction of that published in the WORKBOOK. Requesting a copy of those underwriting guidelines, I mentioned that for those like we applicants who rely on the WORKBOOK, such guidelines should have been included in it -- words to that effect. MC XXXX replied it was an internal document. We said we still wanted to go through the procedures, and would take up any negating issues elsewhere, should need arise. Just as XXXX XXXX was about to begin the paperwork and process, presumably steps XXXX inclusively in the WORKBOOK, he said had to consult another mortgage consultant. NACA mortgage consultant MC XXXX XXXX XXXX came to the area. She immediately precluded that commencement. [ ( Note : Memorandum of Conversation written : XXXX XXXX,XX/XX/XXXX regarding Neighborhood Assistance Corporation of America meeting XXXX XXXX XXXX XXXX CA, XXXX. ( signing of additional documents ) XXXX XXXX. until at or about XXXX. ) ] MC XXXX XXXX XXXX precluded that commencement. She ascerbically ( this writer 's opinion ) informed us that we could NOT start the process. We indicated as the principal, I had no interest in any property, attempting to list the WORKBOOK clauses countering her position, which she stopped. She that she had 4 years experience working with the program and since " XXXX had a house, " it was XXXX '', or words to that effect. Again, I referred her to the WORKBOOK. Without listening, she said, " she knew what was in the book ''. I requested her card, which she provided. To our dismay and opinion, MC XXXX XXXX XXXX demeanor and words -- without listening- was not in comport with NACA STATEMENT : TO WORK WITH HOME BUYERS TO ASSIST THEM THROUGH THE PROCESS. '' Mortgage Consultant XXXX misrepresented the information, and basis to us, the listening office Secretary/ assistant, and XXXX XXXX . We submit, she misrepresented California property law. She specifically targeted XXXX XXXX 's marriage to me, alluding to a non-existent XXXX split interest. She said we could not begin/apply, qualify, participate in and for the NACA MORTGAGE assistance. The she continued, switching gears slightly, dismissively stating we were NOT ELIGIBLE FOR THIS PROGRAM BECAUSE YOUR WIFE OWNS PROPERTY ''. Mortgage Consultant XXXX XXXX XXXX XXXX verbal act negated our participation in NACA program : negativing the no fee " the no down payment " no closing costs " possible below market rates " the post closing counseling " no perfect credit proved in direct conflict with the NACA WORKBOOK texts. Her verbalization displayed a clear inconsistency with the broad NACA intent of assistance and help. In traveling to all the meetings, we relied upon the process and published opportunity for assistance in homebuying -- an arduous task itself -- sending for, collecting, and e-mailing multitudinous documents at a cost of much time and effort. Again, we asked where such a policy she stated could be found. The query met, again with dismissive ( my opinion ) words to the effect " Ive been doing this four years ''. My wife and I felt as if she attitudinally manifested that she was the only repository property law knowledge, without really knowing how XXXX XXXX held property. So, within two minutes of meeting, mortgage counselor XXXX XXXX XXXX ' specious assessment of this writer 's non-extant property ownership interest : " it is XXXX '' proves inapposite to California law. XXXX counterfactual, NACA program precluding position of [ our ] ineligibility because marriage ineluctably confers a proportional house interest in XXXX XXXX held sole and separate property, discriminates against us on the basis of her solecism of California marital status. ( Any such position negatives we believe a California statute, and common law, methinks and forces a conclusion a married woman must share a property interest with her spouse. This is NOT the XX/XX/XXXXs ). Her excluding us from the NACA process -- without listening, or reviewing our position, on inter alia, a marital status basis -- did not comport with NACA 'S PUBLISHED STATEMENT : TO WORK WITH HOMEBUYERS TO ASSIST THEM THROUGH THE PROCESS. To our investigated information and belief, our unlawful rejection ( see infra ) was effected with either an arrant misrepresentation of NACA WORKBOOK PROCEDURES AND CONDITIONS, or a heedless misapprehension of them. SEE Grounds for Revocation or Suspension Cal Bus & Prof Code 10176. The commissioner may, upon his or her own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a real estate licensee within this state, and he or she may temporarily suspend or permanently revoke a real estate license at any time where the licensee, while a real estate licensee, in performing or attempting to perform any of the acts within the scope of this chapter has been guilty of any of the following : ( a ) Making any substantial misrepresentation. ( b ) Making any false promises of a character likely to influence, persuade, or induce. ( c ) A continued and flagrant course of misrepresentation or making of false promises through real estate agents or salespersons. ... .. ( i ) Any other conduct, whether of the same or a different character than specified in this section, which constitutes dishonest dealing. SUBSTANTIAL INCLUDES being significant or large. Here, writers /applicants include the significance of being precluded from a no fee, no downpayment, and post counseling NACA participation which wokuld indeed prove substantial ifad to seek other loans and pay for these. ( See XXXX XXXX XXXX last visited XX/XX/XXXX ). It goes without saying the savings of participation would be Substantial " Of real worth and importance ; of considerable value '' ( See : XXXX XXXX XXXX last visited XX/XX/XXXX). PARTICIPATION IN SUCH A NO FEE, NO CLOSING COSTS, NO DOWN PAYMENT PROGRAM IS OF REAL WORTH AND CONSIDERABLE VALUE. DENIAL FROM SUCH PARTICIPATION DENIES SUCH REAL WORTH AND VALUE. MISREPRESENTATION : Mortgage consultant XXXX misrepresentations of INELIGIBILITY TO THE NACA PROGRAM could have been easily rectified. The accuracy of them quickly verified had she just reviewed the citations to which we alluded ( and which we had spent at least 45 minutes consulting with Mortgage Consultant XXXX ). Neighborhood Assistance Corporation of Americas own published documents differed from her conclusion and averments. ( see pages XXXX infra, and others to which we refer in the exhibits ). Further, Real Estate Licensees must pursue an amount certain of continuing education ( by way of example and not limitation ) : For subsequent renewals, all real estate brokers and salespersons with an expiration date on or afterXX/XX/XXXX or who are renewing on a late basis on or afterXX/XX/XXXX must complete 45 clock hours of XXXX-approved continuing education consisting of : XXXX eight-hour survey course covering the XXXX mandatory subjects ( Ethics, Agency, Fair Housing, Trust Fund Handling, Risk Management, and Management and Supervision ) OR licensees can choose to take each of the mandatory subjects separately ; and A minimum of 18 clock hours of consumer protection courses ; and The remaining clock hours required to complete the 45 hours of continuing education may be related to either consumer service or consumer protection courses. ( See California Dept of Consumer Affairs, Bureau of Real Estate XXXX XXXX XXXX last visited XX/XX/XXXX ). And yet MC XXXX adamantly insisted on our INELIGIBILITY. As we again attempted to point out the citations in the NACA WORKBOOK, she exclaimed : I know what is in there. I have working here for four years. YOU ARE INELIGIBLE. ( or similar words to the effect ). Even a negligent or innocent misrepresentation of fact of INELIGIBILITY and preclusion from NACA PARTICIPATION proves injurious to we old applicants who reliedattending two meetings, four phone calls, et al., obtaining, sending off, collecting numerous documents -- in light of NACA WORKBOOKS allowance in contradistinction to mortgage consultant XXXX dismissal of us. ( See XXXX XXXX XXXX last visited XX/XX/XXXX ; and the action or offense of giving a false or misleading account of the nature of something. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX last visited XX/XX/XXXX) Our exclusion proved most XXXX to us both. XXXX XXXX XXXX XXXX XXXX XXXX. We attempted to pay our dues, but were stopped. I received mortgage consultant XXXX XXXX XXXX XXXX card, noting immediately on the back her stated basis for our exclusion. We thanked everyone for their help, and dejectedly caned our way out of the building. Hours wasted. ( Backgrounder : Both applicants are retired professional people, interested in the NACA program. XXXX XXXX presented cases working in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX is a XXXX XXXX survivor, retired from the XXXX XXXX ). We both adeptly know how to studiously read rules and procedures, dissecting the NACA Home Buying WORKBOOK prior to our start of the required document collection process. We did not find -- and can still not find any WORKBOOK PUBLISHED explicit, nor implicit rules of ineligibility of the kind to which mortgage consultant XXXX alluded. Thus, by effect she unlawfully used marital status ... as a rationale for barring participation in a mortgage application process program -- and by extension -- again -- barred to counseling, post purchase counseling, no fee, no down payment, no closing costs, and under market rate mortgage products. Thus, cut off was the ability to go to " promised '' home purchase seminar, find a potential dwelling, qualify get inspections, make offer, get underwriting verifications, acceptance -- none of it ( not necessarily in that order ). Mortgage consultant XXXX PLACED EXTRANEOUS, UNPUBLISHED CONDITIONS CONTRARY TO THE NACA WORKBOOK, albeit we relied on the original texts. Nevertheless, we were proscribed by her verbal act to begin the NACA MORTGAGE process to " qualify '', and barred us from even beginning the MORTGAGE APPLICATION PROCESS HOUSING COUNSELOR MEETING AGENDA, as listed in the NACA WORKBOOK ( See Sections XXXX NACA WORKBOOK ). All Exhibits NACA and other exhibits below listed are attached or sent with this missive, are incorporated by reference as though fully set forth herein ). AGAIN -- our averments to XXXX XXXX were that any transfer of wife 's interest would precede NACA " closing ''. ( Per NACA WORKBOOK ). Through e-mail form and document submissions -- participations, budget expenses and form signings in the office -- we showed we were ready for the counseling which never came. We exhibited willingness to abide by -- and did so, to the extent allowable -- by NACA 's terms of membership, participation, and eligibility. We both are registered voters. We attempted to for membership fees ( and credit report ). Such was denied and refused. It was stated to us that " did n't want to take our money ''. ANCILLARY ISSUE " WHETHER AN APPLICANT WITH NO PROPERTY INTEREST CAN BE SUMMARILY DISCRIMINATED AGAINST ( AND BY EXTENSION, HIS WIFE ) AND PRECLUDED FROM NACA MORTGAGE APPLICATION PROCESS PARTICIPATION BASED ON A SPOUSE CO-APPLICANT ( PLANNING TO AND ) HAVING DIVESTED ANY INTEREST IN PROPERTY AT THE TIME OF PURCHASE AND SALE AGREEMENT/ OR THE TIME OF " CLOSING '' AS PER NACA PUBLISHED PROCEDURES IN ITS ADVOCACY HOMEBUYING HOME SAVE HOMEBUYER 'S WORKBOOK. '' ARGUMENT Besides the Discrimination and Civil Rights violation/allegations ( infra ), the precis gravamen of these claims is exclusion from a valuable mortgage product and counseling based on the non- ownership of property of the principle applicant ( but property interest inaccurately imputed to him ) ; and the intended transfer of any property interest of Mrs. Smith 's sole and separate property, per the NACA WORKBOOK at or before Purchase and Sale Agreement, or " closing '', as the case might be. And yet an appurtenance to the/those claim ( s ) listed above looms the discrimination and civil rights outcroppings. CALIFORNIA legislation indicates " [ T ] he opportunity to seek, obtain, and hold housing without unlawful discrimination is a civil right ''. ( Cal Gov. Code, Sec. 12921 ( b ) : The opportunity to seek, obtain, and hold housing without discrimination because of .... marital status ... ... ... or any other basis prohibited by Sec. XXXX of the Civ. Code is hereby recognized as and declared to be a civil right ''. ( XXXX XXXX XXXX last visited XX/XX/XXXX ) ( See again, page XXXX under eligibility. ( as attachment ). Thus subsumed slightly hidden is that NACA EMPLOYEES discriminatory statement of INELIGIBILITY is not only stepping on a privilege, but a fundamental right as well. Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution ( especially in the Bill of Rights ), or have been found under Due Process. It is well-established and crystal clear that the right to marry is a central aspect of the right to liberty, privacy, association, and identity. Fourteen times sinceXX/XX/XXXX, the United States Supreme Court has stated that marriage is a fundamental right of all individuals. XXXX search, last visited XX/XX/XXXXBUT SEE- XXXX Supreme Court Cases : Marriage is a Fundamental RightXX/XX/XXXX hXXXX XXXX XXXX ( last visited XX/XX/XXXX ). Thus here, NACA employees NACA participation preclusion proves at least a denial of a benefit of that privilege, or more a fundamental right due to employees faulty cursory analysis of INELIGIBILITY IN THE NACA PROGRAM by way of example ( and not limitation ) BECAUSE YOU ( XXXX XXXX ) ARE MARRIED, AND EVEN THOUGH YOU DONT OWN PROPERTY, BUT SHE ( XXXX XXXX ) YOUR WIFES OWNS ( SOLE AND SEPARATE ) PROPERTY? WERE GOING TO IMPUTE A PROPERTY INTEREST TO YOU. AND THEREFORE, YOU CANT PARTICIPATE. YOURE INELIGIBLE. AND SHE IS INELIGIBLE AS WELL. We submit that INFRINGEMENT ON A FUNDAMENTAL RIGHT is the consequence of a careless and inconsiderate analysis of Mortgage Consultant XXXX with referencing the NACA WORKBOOK CITATIONS to which we so pleadingly alluded. " Naca 's eligibility requirements reflect our mission of promoting .... economic justice for ... moderate income people and communities ). Further " under California law, it is unlawful for a ... real estate broker, or salesperson, to discriminate against a person ... because of a person 's marital status ... ... ... ''. Cal Gov. Code Sections 12926 ( p ), 12927 ( e ), 12955 ( a ), ( d ), Cal Government publication citing : See Fair Employment and Housing Act, Gov. Code Section 12900 and following. The Cal Gov publication also indicates unlawful housing discrimination under California 's Fair Employment and Housing Act, and Unruh Civil Rights Act : " it is unlawful for a real estate broker or salesperson to discriminate against any person because of ... marital status ... ... ... in any of the following ways : Refusing to negotiate for a sale ... '' Citing again, Cal. Gov. Code Sections 12927 ( c ) ( 1 ), 12955 ( d ), 12955 ( e ) ; Cal. Civ. Code Sections 51. ( Note : plain meaning of accomodation includes- " a convenient arrangement ; a settlement or compromise ... synonyms : arrangement, understanding, settlement, accord, deal, bargain, compromise " an accommodation between the XXXX parties was reached '' '' ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX last visited, XX/XX/XXXX ) " synonyms : arrangement, understanding, settlement, accord, deal, bargain, compromise " an accommodation between the XXXX parties was reached '' California law also prohibits discrimination based on .... '' A perception of a person 's marital status, ... ( see infra ), or a perception that a person is associated with another person who may have any of these chracteristics. ( See Cal Gov. Code 12955 ( m ), and the discussion below ). ( Marital Status is defined a ( s ) an individual 's state of marriage ... or other marital state. '' [ ( See 2 Cal C. Regs, Sec. 7292.1 ( a ) ] Contrary to NACA 's published HOME BUYERS WORKBOOK, mortgage counselor XXXX misrepresented NACA prohibitions based on marital status -- ( this writer 's alleged property interest in which he does n't have any ) -- in her less than 2 minutes of meeting us. She presumed. Yet discrimination based on marital status ( differential treatment, here based on her presumption not in accord with NACA WORKBOOK is forbidden ). " Marital status means ... whether a person is married ... included is protection against discrimination based on identity, situation actions of a spouse ''. California is among the states prohibiting discrimination since marital status. Further, any perceived impediment ( such as property ownership if I had any ) -according to XXXX argument -- would dissipate at a time certain many months in the future, at the successful negotiated conclusion of Purchase and Sale Agreement, or " closing '' according to the NACA WORKBOOK. ( With a close reading, such program proscription grounds prove non-extant in the published materials of the Neighborhood Assistance Corporation of America-upon which these prospective applicants relied and spent many hours in preparation ). While only one linchpin of our claim ( the other just as coterminous being violation of NACA agency published materials ) " marital status means whether a person is married ... and includes discrimination based on " actions '' or status of a spouse. It remains axiomatic that it is illegal for such as " mortgage bankers '' real estate brokers, to treat people differently because of marital status. We submit an agency can not refuse equal opportunity to a Mortgage application process because of marital status [ and a future terminating event ]. Examples : a HUD CERTIFIED housing agency employee taking the adverse action of denying equal opportunity to a Mortgage application process because of a marital status ( albeit any perceived property interest dissipates at a time certain -- successfully negotiated Purchase and Sale Agreement, and/or " closing '', according to NACA published rules ). Taking adverse action without cause, or on a mistaken basis constitutes a discriminating condition of privileges of NACA mortgage process and by extension, the HUD certified home buying agency. NACA ostensibly administers its own funds for underwriting and approval. One of the reasons going to them was the : no fees, no mortgage insurance, no down payment, no closing cost -all privileges, which was summarily denied, without reinstatement. " California Legislature passed laws that prohibit discrimination in any aspect of transferring or financing of residential accommodations. Discrimination based on any prohibited classification is outlawed ''. ( See XXXX XXXX XXXX last visited, XX/XX/XXXX XXXX XXXX ). See also Cal Civ. Code Sec. 51 ( Unruh Act ). Marital status is a prohibited classification. See XXXX statement : You 're not eligible because YOUR WIFE OWNS PROPERTY. SO, YOU OWN PROPERTY 50/50. " ( words to that effect ) .... Part 2. Personal Rights. ( a ) this Section shall be known, and may be cited as the Unruh Civil Rights Act. ( b ) All persons within the jurisdiction of this state are free and equal, and no matter what their ... marital status ... are entitled to the full and equal ...., advantages, facilities, privileges, or services in all business establishments of any kind whatsoever. ... ( 6 ) '' .... [ M ] arital status ... includes a perception that the person has any characteristic or characteristics within the listed categories or THAT THE PERSON IS ASSOCIATED WITH A PERSON WHO HAS OR IS PERCEIVE TO HAVE ANY characteristic or characteristics with the listed categories. Here, I am presumed to have the characteristics of my wife. And we submit, " home interest '' of which this writer has none, such interest presently being sole and separate property, allowable in California. But ostensibly an impediment to ( NACA PROGRAM privileges ), even though the conditions subsequent " Purchase and sale agreement '' nor " CLOSING '' have not been reached. Imputation of an ownership interest not extant because of marriage, and subsequent preclusion from a NACA program because of marriage ( marital status ) is denial of the full and equal advantages ( here of NACA PARTICIPATION ). Accord : 42 U.S.C. Sec. 3604 United States Code ) " As made applicable by Section 3603 of this title and except as exempted by Section 3603 ( b ) and 3607 of this title, it shall be unlawful -- ( a ) To refuse to negotiate for the sale ... a dwelling to any person because of ... ... ... ( We submit, " marital status '', ). ( b ) To discriminate against any person in the terms, conditions, or privileges of sale ... or in the provision of services ... in connection therewith, because of ... ... ... ( c ) To make, print, or publish, or cause to be made, printed, or published any notice, statement ... with respect to the sale ... of a dwelling that indicates any preference, limitation or discrimination on the basis of ... ... or any intention to make any such preference, limitation, or discrimination. ... IF ANY PART OF NACA IS STATE FUNDED IN ANY WAY, PROHIBITIONS EXIST AGAINST SUCH DISCRIMINATORY CONDUCT. California Gov. Code Section 11135-11139.8. California Gov. Code Sections provide ( s ) protection from discrimination from any program or activity that is conducted, funded directly by, or receives any financial assistance from the state ( of California ). CODE SECTION 11135 ( a ) No person in the State of California shall, on the basis ... marital status, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. ( c ) The protected bases referenced in this Section have the same meanings as those terms are defined in Section 12926. ... ( d ) The protected bases used in this Section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. CAL GOV. CODE SEC. 12955 IT SHALL BE UNLAWFUL Cal Gov. Code Sec. 12955 ( e ) : For any person, bank, mortgage company, or other financial institution, that provides financial assistance for the purchase ... .to discriminate against any person ... because of ... marital status ... in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. ( Here, discrimination surfaces before we even begin the process of application, qualification. NACA employees discriminatory so-called grounds becomes palliative at Purchase and Sale Agreement, or " CLOSING ). Thus, it shows illegal for financial institutions to set discriminatory policies in their terms, conditions, and privileges related to their services on the basis of marital status, .... Gov. Code Section 12955 ( e ), Health & Safety Code, Sec, 35800 et. Seq. Cal Gov. Code 12955 ( i ) For any person, or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction because of ... marital status .... ( j ) To deny a person access to, or membership or participation in ... or other service because of " marital status ... ( m ) As used in this Section, " ... marital status ... includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. Accord : It is illegal to discriminate based on terms conditions, privileges relating to financial assistance for the purchase of homes. Cal Gov. Code 12599 ( d ). This includes denying access to. or membership, or participation in real estate organization, or other service ( s ) because of ... or marital status of an applicant for housing. ( See WOMANS RIGHTS HANDBOOK. CAL GOV. PUBLICATION XXXX XXXX XXXX. Last visited,XX/XX/XXXX). Again, Mortgage Consultant XXXX statement -- '' You 're married to her. Then YOU have a house ( words to that effect ) You 're ineligible. I 've been doing this for four years! '' " It is illegal for financial institutions ... mortgage companies to set discriminatory policies in their terms, conditions, privileges, related to their services, on the basis of .... marital status. ( See Cal. Gov. Code Sec. 12955 ( e ) ; Any such imputed " property interest '' only proves " relevant '' at a many -- months -- future nexus of a PURCHASE & SALE, or " CLOSING '' as the case might be, according to NACA 's own document ( s ). By NACA 'S clear terms, any property interest or ownership by applicants remains inapplicable until the applicant ( s ) actions [ or applicant ) ( s ) and third party 's ] setting of a conditional date MANY MONTHS in the future. Thus, the starting of the NACA Mortgage application process should not have been denied. NACA 's own WORKBOOK DISTINGUISHES PURCHASE AND CLOSINGS. pg. 7 ( See Exhibits ). Indicating under NACA 'S HISTORY OF ACCOMPLISHMENTS : " XX/XX/XXXX NACA has highest PURCHASE ( emphasis ours ) program CLOSINGS ever. NACA has streamlined the process closing loans within 28 days from the executed Purchase and Sale. ( Emphasis ours ). The organization and we submit, employees of the organization, ( should ) recognize what is ( a ) Purchase and Sale agreement, and CLOSING. PLAIN MEANING : CLOSING -IN PLAIN MEANING AND UNDER CAL LAW OTHER WORKBOOK ELIGIBILITY REQUIREMENTS INCLUDED : " No person in your household will own another property AT THE TIME OF YOUR CLOSING ''. ( Emphasis ours. See Exhibit, WORKBOOK, page XXXX ). AGAIN, this principle ( XXXX XXXX XXXX ) does NOT HAVE AN INTEREST IN ANY PROPERTY. We informed MC XXXX that at the time of closing, XXXX XXXX would n't either. Closing Escrow : " After confirming recording of the instruments described in the escrow instructions, the escrow holder prepares : - Closing or settlement statements for buyer and seller ( t statements for buyer and seller ( typically in the form of a HUD 1 statement in a sale escrow ) : -Disbursing all funds ; and -Delivering instruments and related documents to the principals or parties entitled thereto. '' California Civ. Code Sec 1057 : " Delivery in escrow. a grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary ( sic ), it will take effect. While in the possession of the third person, and subject to condition .... '' ATTACHED EXHIBITS ALL EXHIBITS INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN.
10/21/2018 Yes
  • Debt collection
  • Other debt
  • Attempts to collect debt not owed
  • Debt is not yours
  • AZ
  • 85224
Web
A ) Intro : Fraudulent Submission to Debt Collection Agencies & Others On or about XX/XX/XXXX [ after a 5+ year stint trying to gain up most favorable resolution ] ; judgment by Superior Courts of XXXX County has finally been served but not before substantial damage ( s ) had been done from trying to resolve every illegal aspect set-forth by Former Landlord and his Co-Conspirers for simply complaining being delivered a cockroach pest infested slum conditioned dump. So a simple [ but rightful and legal Former Tenant dispute ] against Former Landlord led to Former Landlord intentionally breaching lease agreement contract and intentionally to have violated Arizona Residential Landlord Tenant Act ; then after conducting such negligence that led to being " Wrongfully Evicted ''! Former Landlord drummed up false allegations and fraudulently submitted me to numerous debt collection agencies and various other agencies in manner to collect on a debt I never was responsible for ; then intentionally gave no cooperation for resolve ; while intentionally failed to have made, any type of appropriate resolve prior to Superior Court Judge to have finalized her XX/XX/XXXX decision. In manner how Superior Court Judge rendered judgment ; Superior Court judge did not relieve full story within in it's entirety of truth to what actually was set-forth before courts in a self-representing manner so resolve could be gained in full against negligence and fraudulent misconduct. In Superior Court Judge 's XX/XX/XXXX Minute Entry ; confirmation can be found to confirm Superior Court Judge did not relieve full story ; however, attached supporting documentation can fill the gaps to being fraudulently submitted to debt collection agencies. B ) About Attached Supporting Documentation : Due to in-depth-ness of Pure Fraud that involved Identity theft and Theft by Fraud ; without my presence to give testimony to each attached document ; and because, supporting documentation upload is limited to 10MB, not all documentation to support Consumer Complaint may upload ; but that which can be uploaded will simply reveal at a glance Fraudulent Misconduct of Pure Fraud, Identity theft, and Theft by Fraud and Fraudulent submission to debt collection agencies. Because Superior Courts failed to relieve full story of circumstances and only gave a summation ; in essence to lessen any considerable confusion that could occur from readings hereof and/or from attached documents ; it might be much easier to [ first and foremost ] review Superior Court 's documented Minute Entries from date of ... 1 ) XX/XX/XXXX where expresses " I did nothing wrong '' and was not the party to have breached lease and violated Arizona Residential Landlord Tenant Act. 2 ) By doing so? It can become more understandable to my mentioning actions taken by Former Landlord and his Co-Conspirers from onset of dispute ; along with any and all other agencies used to help them carry out their Fraudulent actions ; all parties involved was set to gain profits out of and from negligent misconduct which makes for Pure Fraud that involves identity theft, and Theft by Fraud ; as to my strong belief, that! Former Landlord and/or anyone of his Co-Conspirers falsified a document to lease agreement contract thus stole my identity by forging my signature to make it appear as though I signature signed the false document in manner falsified document could match with their false allegation they set-forth in courts as defense ; by stating.. Plaintiff, without Defendant 's permission or release, surrendered possession of keys and apartment on XX/XX/XXXX. In doing so, Plaintiff willfully and intentionally breached the rental agreement to which he was a party. Provided in " Section C '' as follows is " Background Scope & Analysis '' that brings to forefront action of Fraudulent Misconduct worthy to be reported for Consumer Attention Getting Action ; Section C helps substantiate attached documents ; and attached documents help substantiates my " Consumer Complaint '' to how Fraud, Identity theft, and Theft by Fraud occurred as never should have been submitted to debt agencies. C ) Scope & Background Analysis : On or about XX/XX/XXXX lease agreement contract was entered into with former Landlord XXXX XXXX at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, AZ XXXX. On or about XX/XX/XXXX because I complained to [ former landlord ] who intentionally delivered a cockroach pest infested slum conditioned dump that needed much remedy and repair. On or about XX/XX/XXXX a dispute onset from my written notification expressing being delivered a cockroach pest infested slum conditioned dump ; and hereafter and from this point forward, Former Landlord and his co-conspirers failed to perform any duties held within the lease agreement contract ; or in other words, Former Landlord intentionally breached lease agreement and intentionally violated Arizona Residential Landlord Statues. According to Arizona Residential Landlord Tenant Act statue Article 5. Retaliatory Action 33-1381, Retaliatory conduct prohibited establishes a Landlord may not retaliate by brining or threatening to bring an action for possession after a Tenant complained to landlord of a violation under section 33-1324. I made numerous written complaints expressing to Former Landlord infractions that violated Arizona Residential Landlord Tenant Act statue 33-1324. According to Arizona Residential Landlord Tenant Act Article 4 Remedies statue 33-1361 Non-compliance by the landlord ; establishes if a landlord failed to make remedy within five ( 5 ) days of written notification the lease agreement contract terminates. Instead of Former Landlord making resolution or to have made mutual resolve no later than noon on date of XX/XX/XXXX to mutually term lease ; Former Landlord intentionally maintained me to lease agreement with no intentions ever settling any matters but rather elected to expense time, money, and effort avoiding accepting responsibilities and liabilities for their negligent misconduct ; that came to be discovered as " Fraud ''. D ) Former Landlord with Co-Conspirers Wrongfully Sued to Evict : With efforts to wrongfully gain possession by prohibited retaliatory misconduct. On or about XX/XX/XXXX alleging Former Landlord hired an attorney XXXX XXXX XXXX XXXX at XXXX XXXX XXXX XXXX # XXXX XXXX, AZ XXXX [ that together working in harmony ] along with XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX, XXXX, AZ XXXX [ who is named within the lease as Property Manager ] intentionally and illegally made it appear as though I was the " at fault party '' to have breached the lease. Prior to illegal act of being wrongfully evicted ; Former Landlord " prohibited by law '' retaliated numerous times before bringing an Eviction Action against me as XXXX XXXX XXXX XXXX was the party to have " legally '' made it appear as though Former Landlord and XXXX XXXX XXXX had every legal right to evict, by citing, I failed to pay rent for month of XX/XX/XXXX ; but yet, rent for month of XX/XX/XXXX was contract termed as FREE ; therefore, the act itself was intentional breach of lease agreement and of wrongful eviction. E ) Motive for Committing Fraud by Wrongful Eviction : Arizona Residential Landlord Tenant Act Article 4 Remedies statue 33-1361 establishes ... if there is a noncompliance by the landlord with section 33-1324 materially effecting health and safety, tenant may deliver a written notice to the landlord specifying acts and omissions constituting the breach, the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. When take into account Former Landlord and XXXX XXXX XXXX intentionally breached entire lease agreement contract by failing to perform lease agreement contract obligated duties ; plus, intentionally violated statues of Arizona Residential Landlord Tenant Act, then further take into account, that? a ) Former Landlord failed to move me to another rental unit as mutual resolve prior to noon on XX/XX/XXXX b ) Former Landlord failed to make any remedies to rental unit # XXXX prior to noon on XX/XX/XXXX. c ) Former Landlord had no intentions to mutually term lease agreement by noon on XX/XX/XXXX. d ) Because Former Landlord failed to come to a mutual resolve no later than XX/XX/XXXX. XXXX ) From on or about XX/XX/XXXX that moved through XX/XX/XXXX I delivered numerous written notifications requesting Former Landlord to make remedy to former rental unit # XXXX ; but no remedies were ever made. On or about XX/XX/XXXX actions that XXXX XXXX XXXX XXXX and company under took filing a false " Complaint Eviction Action constituted intentional breach of lease agreement that meant under Arizona Residential Landlord Tenant Act statue 33-1321. Former Landlord had an obligated duty to return my move-in costs of security deposit of {$50.00} dollars for securing a unit and return pro-rated expense of {$190.00} expensed for XX/XX/XXXX rent ; but yet, when learned from my written notification ( s ) of XX/XX/XXXX and XX/XX/XXXX I wanted to mutually term the lease ; Former Landlord had no intention ever returning move-in costs of {$240.00}. Because I had interest to mutually term lease agreement by noon on XX/XX/XXXX ; Former Landlord knew he would be losing my business of a 6 month lease agreement term that amounted to {$3000.00} dollars. On or about XX/XX/XXXX Former Landlord teamed with XXXX XXXX XXXX and XXXX XXXX XXXX XXXX and on XX/XX/XXXX ; Former Landlord and his co-conspirers wrongfully sued to evict to have made it appear as though I was the " at fault '' party to have failed to pay rent for XX/XX/XXXX which means? Former Landlord 's only true intentions were to commit FRAUD which extents prior to lease agreement contract to have commenced into effect but took pursuing civil legal action in Superior Courts of XXXX County before cold hard facts of Theft by Fraud, Identity Theft, and Pure Fraud could unravel in full. F ) How Action of Fraud By Wrongful Eviction Was Masked : The act of Former Landlord, XXXX XXXX XXXX XXXX, and their representing Attorney XXXX XXXX XXXX XXXX to have filed a sue to evict action in court of law was not only an act to avoid accepting responsibility liability for their negligent misconduct. The act of Former Landlord and his co-conspirers to have falsely filed a Complaint Eviction Action in small claims judicial was mere smoke and mirrors to mask the act of committing FRAUD! On or about XX/XX/XXXX I filed my answer reply to XXXX XXXX XXXX XXXX 's fraudulent and falsified " Complaint Eviction Action '' ; included within my answer reply were my exhibit of " Concession Addendum '' exhibiting XX/XX/XXXX rent was contract termed as FREE. On or about XX/XX/XXXX I was set to appear to court to defense against Former Landlord 's falsified allegation ( to have allegedly ) failed to pay rent for month of XX/XX/XXXX in essence Former Landlord and XXXX XXXX XXXX XXXX XXXX could not gain judgment by default ; for if held true, that if, Former Landlord and XXXX XXXX XXXX had every legal right to sue to evict for my failure to pay rent for XX/XX/XXXX. Former Landlord and XXXX XXXX XXXX XXXX through their counsel XXXX XXXX XXXX XXXX would not have voluntarily dismissed their own small claims court case on XX/XX/XXXX without prejudice but rather allowed for court Judge of smalls claims judicial to settle any dispute to whether or not suing to evict was proper and the most needed action worthy to be carried out, but? Action taken by Former Landlord and XXXX XXXX XXXX XXXX. though their counsel XXXX XXXX XXXX XXXX were of no accident but rather an intentional strategic act voluntarily dismissing their small claims court case for purpose I would not appear to testify against their false Complaint Eviction Action '' as any judge to have resided over my testimony and evidence immediately would have seen rent payment was not due until XXXX XXXX. XXXX XXXX XXXX XXXX and company filed a false " Complaint Eviction Action '' cause their intent was not to settle any matters but rather commit FRAUD by making it legally appear as though I would be the at fault party to have failed to pay XX/XX/XXXX rent in manner to keep and maintain my move-in costs of {$240.00}, and in manner to keep expensed court costs of {$45.00} dollars it cost for me to defend against a false allegation ; while all at the same time, profit gain legal fees, and other costs deemed by Former Landlord despite their negligence ; but as so happened to be? On or XX/XX/XXXX I gave spoils to Former Landlord, XXXX XXXX XXXX XXXX ; and XXXX XXXX XXXX XXXX 's fraudulent act of making false allegation in small claims courts of justice whence I filed my court answer reply to being wrongfully evicted, as you would think? Former Landlord and his Co-Conspirers would have ceased their Fraudulent Misconduct on this day of XX/XX/XXXX ; but Former Landlord and his Co-Conspirers were non-phased, they simply had more than one ( 1 ) way to commit FRAUD at getting me submitted to Debt Collection agencies. G ) Former Landlord and his Co-conspirers Forced Civil Legal Action : On or about XX/XX/XXXX hereafter XXXX XXXX XXXX dismissed their falsely filed and fraudulent " Complaint Eviction Action '' ; I made attempts to make resolve with Former Landlord in manner to recover incurred damages no later than XX/XX/XXXX ; and alerting if no resolve was made by XX/XX/XXXX, I would pursue civil legal action. Instead of Former Landlord making attempt ( s ) to make resolve no later than XXXX XXXX? On or about XX/XX/XXXX Former Landlord delivered a " Move Out Statement '' alleging debt owed {$3400.00} to which I did not understand such charges since rent for month of XX/XX/XXXX was contract termed as free. Instead of Former Landlord coming to a resolve or resolution to avoid any type of legal proceedings? Former Landlord directed matters to their attorney XXXX XXXX XXXX XXXX who on or about XX/XX/XXXX delivered written notification citing " Please be advised that my client has no intention to settle this matter with you because my client did nothing wrong '' ; then proceeded to cite in belief, their client, but my former landlord [ XXXX XXXX at XXXX XXXX ] had every right to pursue eviction action, then on top of this action? Former Landlord with their representing attorney added in a touch of intimidation and threat by citing " If you pursue legal action against our client, we will take all legal action necessary to recover from you all damages, costs and attorney 's fees incurred with defending XXXX at XXXX [ formally known as ] Smoketree Apartments ; as it turn out to be to what I felt were of a threat by Former Landlord ; actually, it were of no threat. Before I could act on taking civil legal action against Former Landlord ; on or bout XX/XX/XXXX Former Landlord fraudulently submitted me to collection agency of XXXX. XXXX XXXX XXXX XXXX for amount of {$3300.00} for reasons I could not gather and could not understand at this time. H ) Efforts Resolving Fraudulent Debt Collection Action : Prior to taking any civil legal action against Former Landlord ; on or about XX/XX/XXXX I moved to gain understanding for resolve from Former Landlord and their representing attorney XXXX XXXX XXXX XXXX ; but instead of Former Landlord and XXXX XXXX XXXX XXXX co-operating for resolve, I received written notification from XXXX XXXX XXXX XXXX who cited in bold print " Please Be Advised That This Communication is From A Debt Collector ''. On or about XX/XX/XXXX [ as a self-representing entity ] I moved to file a claim in small claims court in manner to prove Former Landlord breached lease agreement and to recover for damages incurred to my personal property and personal belongings. In midst of filing a claim at small claims judicial I notified collection agency XXXX. XXXX XXXX , XXXX. to gain understanding to a XX/XX/XXXX debt action. On or about XX/XX/XXXX ; XXXX. XXXX XXXX , XXXX. returned reply stating balance owed {$0.00} dollars stating account been received in error ; but to my firm belief, account was not received in error, Former Landlord made a retaliatory but a fraudulent move to have fraudulently submitted me to XXXX. XXXX XXXX , XXXX, but I had no solidified proof to prove my suspicion during this time to prove Fraud in its entirety. I ) Abuse of Legal Justice System to Commit & Carry out Fraud Already discussed under " Section E '' of Former Landlord and his Co-Conspirers filed a wrongful eviction action in small claims judicial courts ; in lieu of attached " Complaint Eviction Action, if pay close attention, the " Complaint Eviction Action '' illustrates that ; Former Landlord, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX stood to gain profits up to {$8900.00} dollars from their served up negligence and fraudulent misconduct if I had not made dispute against their fraudulent claim that led to being wrongfully evicted. So of course? Hereafter I filed and served my XX/XX/XXXX small claims complaint in essence to recover property damage and to prove Former Landlord was the party to have breached the lease ; instead of Former Landlord to have come to a small claims court case resolve? Former Landlord hired XXXX XXXX XXXX XXXX to intentionally dismiss my small claims court case which came dismissed on or about XX/XX/XXXX ; and just like XXXX XXXX XXXX XXXX delivered in their XX/XX/XXXX written communication ; to have cited ... " If you pursue legal action against our client, we will take all legal action necessary to recover from you all damages, costs and attorney 's fees incurred with defending XXXX at XXXX [ formally known as ] XXXX XXXX, and so they did, but yet, in manner for XXXX XXXX XXXX XXXX to have gained judgment ; XXXX XXXX XXXX XXXX perjured under oath to maintain their fraudulent scheme and claim to fraudulent collect on a debt by making a false claim whence alleged .... Plaintiff, without Defendant 's permission or release, surrendered possession of keys and apartment on XX/XX/XXXX. In doing so, Plaintiff willfully and intentionally breached rental agreement to which he was a party. By XX/XX/XXXX legal costs and fees incurred of attorney fees at {$4000.00} and costs in amount of {$190.00} as interest accrued at rate of ( 4.25 % ) for losing my small claims court case against Former Landlord. Actions of XXXX XXXX XXXX XXXX XXXX appear to have had all legal rights to recover legal fees and costs for representing their client of XXXX XXXX at XXXX XXXX ; XXXX XXXX XXXX XXXX judgment for legal fees and costs did not follow in accordance with small claims judicial practices ; but rather, XXXX XXXX XXXX XXXX intentionally moved my small claims court matters to the justice of peace to be dismissed in manner [ as being alleged ] to prevent their Fraud from being exposed, as once again to the mentioning, in that if, I had appeared in court to testify? Any judge to have resided over my testimony and evidence would have immediately seen Former Landlord, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX filed a false allegation against me. J ) Pure Fraud by Fraudulent Debt Collecting Action ( s ) : Instead of Former Landlord leaving matters as they may from XX/XX/XXXX that XXXX. XXXX XXXX , XXXX received account from XXXX at XXXX regarding unit # XXXX in error and account balance at {$0.00} ; Former Landlord submitted me to yet another collection agency of U.S. Collections West, Inc. for amount of {$3400.00}. Action taken by Former Landlord through their counsel XXXX XXXX XXXX XXXX was nothing more than ongoing retaliatory misconduct accompanied with Pure Fraud. Hereafter XXXX XXXX XXXX XXXX committed perjury under oath claiming I willfully walked away from my lease agreement obligations ; and that of, Former Landlord to have submitted me to U.S. Collection West , Inc. for amount of {$3400.00} after matters had resolved with XXXX. XXXX XXXX , XXXX on XX/XX/XXXX. Former Landlord gave no other alternative but for me to pursue matters at division of Superior Court of XXXX County for resolve to help determine to whom breached the lease. K ) Superior Court Civil Legal Action Had to Be Taken : On or about XX/XX/XXXX [ still a self-representing entity ] I filed a Breach of Contract claim with Superior Court Clerk of XXXX County citing contributory negligence that involved Former Landlord, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX in manner for judicial courts to determine what party or parties breached lease agreement, violated Arizona Landlord Tenant Act, and for Fraudulent misconduct. Former Landlord and XXXX XXXX XXXX , XXXX hired XXXX XXXX XXXX XXXX to represent against my Superior Court Case ; during Superior Court proceedings, on a number of occasions Former Landlord and XXXX XXXX XXXX XXXX. had ample opportunities to make resolve prior to judge delivering verdict. My Superior Court Claim was filed in Superior Courts on or about XX/XX/XXXX and should have reached and/or come concluded [ approximately ] no later than year end of XX/XX/XXXX ; but instead of Former Land and XXXX XXXX XXXX XXXX resolving all matters through their counsel XXXX XXXX XXXX XXXX while under jurisdiction of Superior Court. Accompanied by actions of Superior Courts of XXXX County who failed to uphold Ariz. R. Civ . P. Rule 1 Scope and Purpose that established rules that govern the procedure in all civil actions and proceedings in Superior Court of Arizona ; they should be construed, administered, and employed by the court and parties to secure just, speedy, and in expensive determination of every action and proceedings. Former Landlord, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX failed to uphold Ariz. R. Civ . P. Rule 1 Scope and Purpose whence intentionally delayed trial by performing all types of " bad faith '' litigation tactics rather than to have made resolve no later than XX/XX/XXXX. L ) Additional Fraudulent Discoveries : While XXXX XXXX XXXX performed " bad faith '' litigation actions during Superior Court proceedings ; a sum of about four ( 4 ) years expired from date dispute initially onset that on or about XX/XX/XXXX while under oath of Superior Courts of XXXX County? XXXX XXXX XXXX XXXX and company delivered under Ariz. R. Civ . P. 26.1 their Disclosure Statement that's of information XXXX XXXX XXXX XXXX expected to present into trial as exhibits and/or as evidence upon whence a trial date would get set. Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was ... 1 ) A copy of a document entitled " Statement of Unit Condition '' that came as part of the lease agreement ; that this lease agreement, was delivered as a falsified document with my signature being forged. 2 ) Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was the Residential Ledger from XXXX XXXX XXXX with drummed up Fraudulent Charges that totaled {$650.00}. 3 ) Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was the XXXX XXXX XXXX Bill from XXXX at XXXX with drummed up fraudulent charges of {$740.00}. 4 ) and Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was ... a copy of the Move out Statement with drummed up fraudulent charges of {$3400.00} I'd seen from on or about XX/XX/XXXX. Because of my discovery to additional drummed up fraudulent charges ; because of my discovery to finding my signature fraudulently had been forged to a falsified document ; and discovering that, my identity had been compromised by my name being forged. While under oath of Superior Courts of XXXX County? Ariz. R. Civ . P. 26 ( g ) provided me the legal right to conduct a " discovery '' investigation via Personal Consultation with XXXX XXXX XXXX XXXX ; on or about XX/XX/XXXX I delivered written personal consultation to XXXX XXXX XXXX XXXX addressing my discovery concerns but gained no response nor cooperation from XXXX XXXX XXXX XXXX. In manner having to prove to courts during trial proceedings my signature had been forged to the lease agreement contract [ document of ] Statement Unit Condition. On or about XX/XX/XXXX I hired a handwriting analysis expert to examine the document in question with my forged signature ; results returned, my signature indeed had been forged thus confirming I had not authored the document that came into question thus confirming someone stole my identity by forging my signature. M ) Reservation Agreement for Holding Former Rental Unit # XXXX : Prior to Former Landlord, XXXX XXXX XXXX XXXX and XXXX XXXX committing prohibited retaliatory misconduct that led up to being wrongfully evicted ; on or about XX/XX/XXXX I visited XXXX at XXXX XXXX formerly known as XXXX XXXX XXXX ; it was verbally addressed if interested to renting an apartment I must pay {$50.00} dollars security to hold or reserve a unit. On or about XX/XX/XXXX I paid amount {$50.00} dollars as security deposit to secure a rental unit for leasing. It's standard procedure in manner if there is an occurred error needed to be remedied, standard error correcting procedure is to simply draw a single line through error and make proper correction, and bring to attention of person who made and/or created error if not present ; but if present, error correcting should be done while person is presently available. On or about XX/XX/XXXX I visited Management office of Former Landlord to follow up regarding leasing a unit ; on this day of XX/XX/XXXX, I was introduced to the Reservation Agreement Certificate, the Reservation Agreement Certificate substantiates XXXX XXXX and XXXX XXXX XXXX XXXX reserved rental unit # XXXX for my leasing pleasures but immediately noted upon being addressed about the lease agreement, the leasing term was incorrect. Former Landlord 's Management reserved rental unit # XXXX for a 12 month term ; but yet, I never addressed Former Landlord 's Management I desired a 12 month lease ; I only desired a 6 month lease agreement term ; Former Landlord 's Management who bore initials " SB '' properly drew a single line through error and made proper changes to meet my desired rental-leasing agreement pleasures of a 6 month term. On this day of XX/XX/XXXX while being addressed by Former Landlord 's Management regarding move-in costs of pro-rated rent ; it was addressed, amount owed was {$190.00} ; but yet, never a discussion about a Non-refundable Administrative fee of {$120.00} dollars needed to be paid. N ) Former Landlord & XXXX XXXX XXXX XXXX. Committed Theft By Fraud of {$50.00} Dollars : When delivered money order of {$50.00} dollars on XX/XX/XXXX that represented reserving rental unit for leasing ; while my presence was known, Former Landlord failed to make any kind of error correction to my submitted payment of {$50.00} dollars as a security deposit to hold a rental unit ; here fore, on this day of XX/XX/XXXX, Former Landlord accepted payment as a security deposit for holding a rental unit. On or about XX/XX/XXXX when visited Management office of Former Landlord to follow up regarding a leased unit being on hold ; on this day of XX/XX/XXXX, while my presence was known, Former Landlord failed to make any kind of error correction to my submitted payment of {$50.00} dollars as a security deposit ; here fore, on this day of XX/XX/XXXX, Former Landlord accepted payment as a security deposit for holding a rental unit. On or about XX/XX/XXXX when visited office of Former Landlord to sign lease agreement ; on this day of XX/XX/XXXX, while my presence was known during lease agreement signing, Former Landlord failed to make any kind of error correction to my submitted payment of {$50.00} dollars as a security deposit ; here fore, on this day of XX/XX/XXXX, Former Landlord accepted payment as a security deposit as to have held a rental unit for leasing that took effect on XX/XX/XXXX, which means? If payment of {$50.00} dollars had other means of use other than for " Security Deposit '' to reserve a unit for leasing ; Former Landlord was responsible to have made proper error correction while my presence was known and available to him on XX/XX/XXXX, but Former Landlord failed to bring any error correcting needs to my attention. Because Former Landlord accepted payment of {$50.00} dollars in manner to hold an apartment unit to be leased as leasing terms would commence on XX/XX/XXXX ; holding and reserving an apartment unit for lease can be construed as a " Security Deposit '' where such term of " Security Deposit '' applies within the Rental Agreement. According to Rental Agreement having to pay a Security Deposit to hold, reserve, or secure a rental unit for lease was clearly termed as N/A ; so mere fact, is that, Former Landlord fraudulently took my {$50.00} dollars without applying it for it's intended delivered purpose, then failed to return my {$50.00} dollars payment, is nothing but FRAUD by keeping and maintaining profits gained by negligence, but FRAUD did not conclude at this juncture. O ) Fraudulent Rental Agreement : A Non-refundable Administrative fee of {$120.00} dollars appears to Rental Agreement but appears in manner as a need for separate payment that would strictly define a Non-Refundable Administrative fee for {$120.00} dollars as same would apply for expenditure of pro-rated rent being of a separate payment for {$110.00} in manner pro-rated rent is strictly defined within the rental agreement as payment for pro-rated rent. The Reservation Agreement Certificate states move-in costs at {$240.00} that was never signed by me ; on or about XX/XX/XXXX I paid move-in costs of {$50.00} dollars as security so a rental could be reserved on hold for leasing ; then on or about XX/XX/XXXX I paid amount of {$190.00} for move-in costs as pro-rated rent which summed to be {$240.00} for a total move-in to commence on XX/XX/XXXX. According to Rental Agreement a Non-Refundable Fee amounts to {$120.00} dollars plus {$2.00} for tax that totals {$120.00} for a Non-Refundable Administrative fee. On page 2 of 24 of Rental Agreement sub-topic of Administrative Fee states Owner hereby acknowledges receipt from Resident ( s ) of a non-refundable Administrative fee in amount of {$120.00} which shall immediately be used by Owner to help defray the administrative costs associated with preparing the lease paperwork ; as stated prior, this action of Non Refundable Administrative Fee deserved it's own separate payment for strictly being defined as payment for Non Refundable Administrative Fees but I never directly paid amount of {$120.00} for Administrative Fees. Payment given was {$50.00} dollars for reserving a unit and {$190.00} for pro-rated rent ; but yet, according to Rental Agreement, pro-rated rent in amount of {$110.00} was due on XX/XX/XXXX to cover period from XX/XX/XXXX to XX/XX/XXXX, but yet? Former Landlord accepted payment of {$190.00} on or about XX/XX/XXXX ; which actually, and by Rental Agreement Terms is five ( 5 ) days prior to XX/XX/XXXX ; so facts are, pro-rated rent of {$110.00} dollars was due on XX/XX/XXXX which is same date lease agreement were to take and effect and actually took but fraud did not conclude at this juncture ... spacing is limited.
02/06/2022 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Problem with a credit reporting company's investigation into an existing problem
  • Their investigation did not fix an error on your report
  • NV
  • 89121
Web
I have filed a complaint with all 3 reports and I provided proof that XXXX XXXX XXXX shouldn't be on my report at all as the vehicle I purchased was a fraudulent loan. I provided proof that I was denied the loan at a lower rate and lower price and then the dealership illegally provided 2 additional contracts each were done 2 weeks apart and 2 weeks apart from the one I was denied but then the loan company accepted the 3rd contract that was for a higher amount higher percentage and the dealership also asked me for an additional $500 down from the original $1000 down and when I provided it they didn't put it into the down payment and told me "it was put into the back end of the loan" at which point I refused to sign that 3rd contract that was already illegal because they cannot issue more than 1 contract unless it's all done on the same date and not on additional dates done later which is what was done & I provided the proof to the 3 reporting agencies as well as proof that the loan company didn't even follow the paperwork that showed the dealership responsible to pay my 1st 2 payments that they signed on an I.O.U. document they had with my contract but then the loan company reported them as missing payments and reported them as being behind in payments. I was also made and forced to sign the contract when I requested my money back from the dealership immediately upon giving me the 3rd contract which was done 6weeks after the 1st contract I signed that was denied by the loan company stating I didn't have the credit to afford the 1st contract but then they approved the 3rd that illegally didn't show my additional $500 I put down and so the dealership paid off an undercover metro police officer to scare me into signing it by putting me in handcuffs and threatening me with being charged with theft as if I had stolen the vehicle since I had the vehicle since the 1st contract 6weeks earlier (I was told that the loan company was also aware of what was being done to me and I called them the day after I signed it under duress after they did that to me at the dealership and requested my down payment & wanted the vehicle turned back in within my recession period after signing in the day before and they refused and told me the down payment was staying at $1000 even though I paid $1500 which was the reason they said I was denied the 2nd contract cuz they needed more down but then they did this to me). So when they denied me trying to stop this plus I didn't know how I could even be approved for the amount even I was on such a low fixed income and only wanted to spend less than $8000 on a car and they denied my 1st contract 6weeks earlier at a lower amount but now we're approving over $17k when I wasn't approved the 1st one at over $15k? The results were from not having a good debt to income with a whole slew of other problems they said I wasn't approved. So my only opportunity to make this right was to file a complaint with the DMV where I shared how they lied about my down payment, had me sign 3 different contracts all 6 weeks apart and I had proof and shared it and told them of signing it due to being put in handcuffs cuz they paid off an off duty cop that they told me about after I signed it because it cost them an additional $500 to pay off the cop so they were asses and told me that my $500 extra went to hiring the off duty cop. I also had a friend at the time that went thru them and her problem was that she didn't have money for a down payment so they told her lie and say that she paid a $2k down payment when she didn't pay anything for a down payment. She also gave her information to the DMV when they did their investigation. The DMV also went under cover and had their team go into the dealership with both scenarios in mind and represented both situations with their investigators and the dealership was in violations of the law and again proved my accusations to be true and substantiated. The DMV immediately revoked the dealerships business licenses and all owners and anyone associated with running the dealership was given lifetime revoked licensing that they will not issue licenses to any of these individuals or business entities any licenses for the state of Nevada at all ever. I was provided with a letter stating this and that my coerced signature of my contract with the dealership should be accepted as a void of my contract with my down payment returned to me and they said that if it is not then I should volunteerily return the vehicle to the loan company and request my monies be returned and that my credit report is not negatively effected by any of this. They said that the loan company is as liable as the dealership because they are responsible for doing business with reputable dealerships that are working within the law and that if they are working with companies that are not within the law and that they are under the understanding that they work with companies that use the same values and work under the same laws that they do and they work with them knowing these dealerships represent them when they work with them therefore when these dealerships work outside the law and illegally use deception in order to be rewarded a contract that they wouldn't normally be rewarded had they worked within the parameters of the law and were honest with the customer in obtaining their business and doing business with them, the loan company understands that they do business with these companies acknowledging that these businesses are a direct representation of their loan company as the customer doesn't pick out the loan company themselves that will be used to provide them with a loan for their purchase so that anything the dealership does outside of the law is in direct alignment to them and they know that they are equally as responsible as the dealership because they stand up for the businesses that they choose to do business with and that means also taking on all of the dealerships illegal activities as well. Not only is that the case but I made them aware of what happened the following day and let them know that the dealership and off duty cop also stated that the loan company was aware of what was going on and was 100% not only approved of by the loan company but also requested and of course the loan company denied it. I also sent them parts of the contract that they claimed they didn't receive and therefore wouldn't give me the credit on the 1st 2 payments that show that the dealership owners signed off and agreed to and they said that they wouldn't allow me to rescind my contract signature the following day and wouldn't provide me with my down payment in full back and this is after I explained everything that went on the day before and how the dealership actually was able to get my signature on those documents and that it was under duress. So even with all of that info they refused to allow me out of the contract. They were also sent the letter from the DMV regarding the dealership and the investigation that went into revoking all licensing of the dealership and shutting the business down based on them running illegal business practices that were Substantiated by multiple illegal contracts provided to the DMV providing the proof to start the investigation and then under investigation working with undercover agents of the DMV, the dealership was standardly practicing the illegal actions that were reported by customers that had been responsible to pay illegal contracts obtained by the dealership. So the DMV let me know that the loan company knowing that this investigation went through and the dealership was revoked all licensing and future licensing in the state of Nevada, that it was my complaint that started the investigation and was proven to be obtained using illegal business practices and actually used deception in order to be awarded my contract that it would not have been awarded had they used standard business practices and were honest in their practices with me, that they would not have been awarded my contract and that the loan companies are well aware that they are as responsible as the dealership because they choose to do business with the dealership and that they do so with the understanding that they are doing business within the parameters of the law and that they represent the loan company fully as the loan company is given to the client by the dealership when they choose to do business with that loan company for that contract and the customer only has the dealership to provide them with any and all information on the loan company that the dealership chooses to use to get them a loan therefore anything they do illegally is also directly attached to the loan company that they choose because the loan company does business with the dealership opening representing that the dealership is in direct alignment with the values of the loan company and accepts that whatever representation the dealership has with the customer also correlates to the loan company that does business with them and that the loan company is well aware of this and should have no problem now with allowing you to turn the vehicle in volunteerily and providing you back with your down payment at the very least and most likely will also provide you with the money that you had already paid to them for the loan because you requested that the loan be voided the day after it was signed and even though you provided all of the information to them they still denied it knowing that the customer was letting them know of business practices the dealership was providing on their behalf that were not in the parameters of the law and you also provided them with the friend that was actually denied a loan with them because when they called to confirm the down payment she had told them that she didn't provide a down payment when she was supposed to lie and state $2k so the dealership had to go with a different loan company with her and tell her lie to the next loan company or else she wouldn't get the loan so she did and got it. When they called to confirm my down payment it was the 2nd contract that they actually denied and stated they needed a greater down payment in order to approve me to the dealership so the dealership told me this and had me come in 4 weeks aftwr the first contract denied, 2 weeks after the 2nd contract was denied and needed me to provide them with an additional $500 in order to approve the contract so when I came in with it and they rewrote my contract it didn't show a change in the down payment so I refused to sign it and asked for my money back. They told me that I had to sign it. I told them no because I didn't want the car for the sales price they now had and then didn't even add the additional $500 I just provided them with and they used that it was in the back of the loan when I was working before this In timeshare and I was well aware of how contracts were written and I was an accountant so there is nothing they can say in order for me to change my mind so I wanted my money back that I put down - the entire $1500 I provided to them. They told me I needed to give them the vehicle and that they may or may not give me back $1000 of the $1500 I provided based on the fact that there's nothing anywhere that shows that I even brought in the $500 from today so did I really want to blow up this deal and be without a vehicle and not be able to get another vehicle for who knows how long since they wouldn't be giving me all my money back and would only be giving me $1000 back if I did give the car back and that they were going to have a problem with my paperwork and it was going to take approximately 3 months before even giving me back the $1000 so wouldn't it be a hell of a lot easier on me to just sign the contract for the car. I said no and that I want my $1500 in full returned to me immediately, I wasn't signing their contract and I would return the vehicle back when they have my money to me. I left and told them to call me when they have my $1500 and I would return the vehicle at the same time. I left the dealership and called the loan officer to let them know what was going on. They told me if I didn't want to sign the contract that the dealership was responsible for returning my down payment and if there is a discrepancy in how much that down payment is then that's between myself and the dealership and that the 3rd contract is approved by the loan agency and I asked how that could be when the dealership said that the 2nd wasn't approved because the loan company needed to see that I had more money available first with an additional amount of money as a down payment so they said $500 additional was good enough and that it would be approved but here they approved it without an additional amount as the down payment like I was told I needed to provide so I did but then it didn't show in the down payment but the 3rd contract showed all different amounts then the previous 2 contracts over the last 4 weeks but this is approved? My 1st contract was denied by them and the income to debt ratio was used, also the amount of collections, adverse credit on my report and it was that I didn't make enough money being on social Security on a low fixed income to be able to pay such a high payment based on the price of the vehicle and my social Security was about to be reduced by $1000 per month because my child was turning 18 and I told the loan company that I wanted a loan for a vehicle that was at most $8k and now this loan was over double that and I had another 1-2months before my income was going to be reduced by 1/3rd of what I get. How was it even possible that they were approving the 3rd contract that I was yet to even sign? The loan officer was flustered and told me that I had already had the vehicle for over 4weeks now and I needed to sign the new contract provided or else the dealership needed the vehicle back. I told her that that is exactly what I want but I want my down payment at the same time so that I can go get a loan that's half the cost of this loan that I can't afford but in order to do that, I need my down payment. They told me the down payment shows as $1000 and they can only go by what the dealership has in the documents and the dealership is stating that the down payment is what it shows and we don't have any reason to believe it's any different from what they are stating and that they can hold your down payment from you for 90days if that's what the dealership wants to do and they stand by the dealership. I told her they need to let me know when my full down payment is ready to be returned to me and I will turn in their vehicle to them by going there and they can give it to me at the dealership and providing me with a way back home after that or they can pick it up from me at my address when they give me back my full down payment. The dealership called me 2 days later and told me to come down and they had my down payment of $1500 for me and if I can bring the vehicle that they would give me the full down payment and drive me home. I showed up to the dealership and when I got out there was a black Escalade directly behind me and he put his lights on, walked out in plain clothes and told me he was a metro Police officer and I was being arrested for stealing this car that I drove in that I have had for 6weeks without signing a contract and that if it isn't signed today then he's taking me to jail where I will be for a very long time. He told me he was contacted by the dealership and they let him know that the loan company was also going to press charges if I don't sign documents today. I told him I've only had it for 6wks because they tell me a contract is good and the loan company approved only to find out 2 weeks later when thry tell me to come in for my pink slip that I have to sign new contracts because the last wasn't approved and they did that to me 3 times now and the last time they asked me to bring in more money, I brought in $500 that they took and then gave me new documents to sign and then I saw that the extra $500 I gave them that they had not put into the down payment so at that point I wasnt signing a fraudulent contract and I asked for all of my money back and they could have the car where they threatened me and said they wouldn't give me all of it back and the 2/3rds they would give back would at least be 3months at the earliest they would give it back so that I wouldn't have any opportunity to buy another car used or new from private seller or dealership so I would be without a vehicle for at the very least 3 months and I would be out $500 even then when Im on a low fixed income to begin with so I told them they would get the vehicle back when I get my money I put down for it in full back. The officer said that's something I can tell a judge but he was here to arrest me if he didn't see a signature on the contract. I told him I would sign it under duress and I said that in front of all the ppl working at the dealership and I said that there is at least a 3 day recission period where I can say I don't want this vehicle I want my money back and they have to do it, it's my right to have a change of heart within 3 days and so I will sign this under duress and I'm calling the loan company in the morning to tell them what happened and that I'm not doing this and my money needs to be returned immediately. So in the morning I called the loan officer assigned that I had been speaking to and let them know everything and I said I do not want this vehicle, I didn't want to from the beginning cuz I couldn't afford it then and didn't want it but I was given this and that and told things to talk me into it but then I was denied by the loan company and so relieved when I got the notice in the mail so that I could return it and so when I went back in to return it I was told that the contract was already changed and approved by the loan company and I already had it for 2 weeks so I couldn't get out of it now and I was lied and deceived throughout so that I would feel like I had no no choice but to accept the lies they were telling me. Well so at that point I thought I was screwed until they asked me for more money and that's when I started looking into things and what my rights were. So by the time all of this had come down I had read every word of every page of each contract and read up all about the legalities in purchasing a vehicle and who is responsible for what and also asked questions online because I felt like I was deceived so that they could get me to pay for a car I couldn't afford and wouldn't have even paid for or ever even done had they not made me feel as if I had no choice and pressured me into it and then when I decided while contracts were denied and no new contract that could be approved was even signed that I wasn't going to buy this vehicle that I couldn't afford and I had every right to get my money back and not accept this vehicle I didn't have enough money to buy and the loan company didn't think so either which is why they denied me for all the reasons I only wanted a car that was less than $8k to begin with cuz I knew I couldn't and wouldn't be able to afford the payments on it. But when I called to tell the loan company what happened and how I signed under duress and that I was told that they were also named by the police officer stating that he was told that the loan company was also going to press charges and of course the loan company said that they had nothing to do with that and that the loan had already been processed and there wasn't anything like a 3 day recission available or legal and although I know that to be the case for timeshare it isn't something they do in the car industry and unfortunately I was responsible for the loan and couldn't turn it back in and get my down payment back and if I didn't want the vehicle and my down payment was wrong I shouldn't have signed the contract. So I had to go to pick up my pink slip at the dealership and that's when they apologized for all of the problems and said they were sorry but they had to do what was necessary to get the deal done and that my extra $500 ended up having to go pay to get that off duty cop to scare me but it was for the good of all because it finally got done. I told them everything they did was against the law and I would make sure they paid for it. They told me they knew ppl in high places and that the law was on their side regardless of how much they decided they needed to stretch it so to just remember that when I go against them that the consequences of my actions may land me in a jail even if I'm right, no one will ever believe me or find out any different because they were able to get it done when I told them I wanted my money back and didn't want to sign docs and I was forced to do it and had no proof to the contrary (because they had no idea that I saved my illegal contracts that they did and lied and told them I threw them away when they asked for them so maybe no one would've believed me against them and the lying loan company as well but I had those docs and the denial of credit and adverse action the loan company sent and my friend even though they told her not to say a word about having to lie about her $2k down payment on her contract that she didn't provide to them - she told me so that I could use her statement to go to the DMV and file a complaint even if it got her in trouble for it because she saw the hell I went through and how much I didn't want the vehicle and wanted my money back but they weren't allowing me to do it and made me go through with a contract I didn't want and couldn't afford. So I went to the DMV and they did the investigation and said that the loan company was as responsible as they were and that they knew what happened to the dealership and it looks bad for them because they do business with them that shows ppl that they condone illegal practices from the ppl they do business with and it shows that they also may allow these illegal practices to occur in order to get their contracts signed and that by all of this happening and it being your contract that was determined the dealership used illegal business and sales tactics in order to be awarded the contract that the loan company would not want to have an association to that and that I should be able to volunteerily return the vehicle and get my full down payment back and probably all the payments I did end up forcibly paying until I could no longer do it because I couldn't afford it. If they won't do it by speaking to them and also letting them know you spoke to the DMV and they stated that they are just as liable for the fraud and deception used in my contract even by just doing business with the dealership and they know this due to being in business in this industry and accepting to do business with dealerships and what your liability is and involvement in the kind of company they are and values they represent. He told me that if I have to then I can file a lawsuit against them but would have to do a small claims court but then when I volunteerily turned in my vehicle and told them why for which they actually picked it up as a non payment repossession instead of the voluntary repossession I requested based on my entire history and all the documents I had proving the contract was illegal based on the illegal contracts I have, the documents signed that they wouldnt actually go by those documents and actually put me down for 2 missing payments when it shows in my documents that they actually accepted that the I.O.U. from the dealership owes me the first 2 payments to be paid but it also has the 2nd contracts dates and they moved it over to the 3rd but I'm sure the loan company wants to claim ignorance by saying they didn't know about the illegal practices that were committed so if they then show 2 different dates on contract docs then it shows they were a part of the illegal practices from the start but it also shows that based on my 1st contract being denied and the date of the adverse letere they sent to my home denying my contract approval based on not being able to afford it or having the kind of credit that's able to afford the loan I was getting and I agreed but then they approved the 3rd contract that had the highest price tag with the most interest when I was only a few months away from a reduction of my pay by 1/3rd yet they still approved it and they approved it after denying 2 other contracts with the 1st being 6wks prior and 2nd being 2weeks prior and all for the same dealership same customer same information and all were for different dates which is completely illegal but they knew all of that yet still did it and even when even greater illegal practices and inmorale practices that should never be done to any customer forcing them to take on an expense they knowingly can't afford and didn't want and only wanted the money that she gave for a down payment returned immediately in order to not have to go without a car to take her kid to school and her husband to find work, they used that against her and did the most heinous things in order to force her to do a contract she didn't want and couldn't afford that actually made her homeless sleeping in the car that she had voluntarily repossessed knowing that by doing so that she would putting her husband her dog and herself out to the street and having her kid move in with a friend and have to drop out of college in order to try to correct the illegal and fraudulent acts that were forced upon her in order to make her by something she didn't want and couldn't afford so I knowingly called to come pick up the vehicle so I could then file a complaint with the attorney general or file it online with credit reporting or what not in order to get it off her reports and possibly get her down payment back and maybe get her other payments back but even I highly doubted I would get any money back and filing small claims wouldn't work because the vehicle was for $17k and they lied about how much they got for the car and how much all the fees and everything else costs because they say that the brand new car that I voluntarily had repossessed because the entire deal shouldve been reversed based on the truth of what happened and the investigation that the DMV did using my complaint and having the investigation result in revoking all licenses and not allowing any licenses to ever be available to the ppl involved in that dealership and DMV found my complaint to be accurate and true and it was a letter stating that my contract was fraudulent and was awarded based on deception and shouldn't have ever gone thru and I shouldve been able to get my money back and not have it affect my credit negatively and that if the DMV had the legal right to award my money back and give back the vehicle and either post to my credit reports that it was paid in full and no history of negative or adverse credit with that account and only showing good credit history with that loan or have it completely removed off all my credit reports resulting in no negative credit reporting at all for all 3 credit reports for this loan and that all the money that I paid for this vehicle including my full $1500 down payment and not the $1000 the dealership lied about returning all in full - they would gladly and rightfully make all of this happen for me after the misjustice done to me with this loan and all that I was put thru when this shouldve never happened to me but unfortunately even though they can investigate and find the evidence that I was absolutely correct in everything I have said about all the illegal practices that were committed by the dealership that the loan company is also responsible for based on the relationship that they have with the dealerships that they stand behind when they decided to do business with them - if the DMV could award me everything and all of my money back and even award monies back for all that I went thru as fees for all of the illegal practices against me, they said they would gladly do so but unfortunately the only thing I could do is voluntarily repossess based on the evidence of all the illegal practices that their investigation proved to be true all from my complaint on my contract and hopefully I could file against the dealership and loan company in small claims court and that the credit agencies would take it all off my credit reports and I would be awarded all of my monies back that I had paid into the vehicle but they do not have the authority to provide me with monies from these companies for their wrong doing but the dealership was fined heavily on behalf of the DMV and the investigation is at DMV and any agency or law agency can get all the information from the investigation and my original complaint or even just what they were charged with and their licenses being revoked and never able to be restored and how the loan company is looked upon in the industry as far as their involvement or responsibility when the DMV has wrongdoing, fraudulent actions, and using deception in order to be awarded sales that they normally wouldn't get and the loan company knowingly approving a contract that has already had 2 others denied all weeks apart for the same vehicle same customer when that is completely illegal and denying the those contracts based on debt to income and not having the money necessary to fund and pay those contracts but then being able to pay a larger contract with more interest after denying 2 others that the customer maintains they didn't want and told the loan company prior to signing the contract under duress that was all proved to be true in the investigation. I will send the documents to you after sending them to all of. The credit agencies and even though I sent them proving the loan company is lying - they still keep it on my credit reports and they can go to the DMV and get the investigation and letter to me that's all on file for the dealership shown in my records and anyone can see that they are lying. I can't get all of that info - I don't think but I was told that you can. Also was told the industry knows that the loan company is as responsible because they did business with the dealership and that's enough to be just as liable. Also I voluntarily had this repossessed so that I could do something about it especially after not even following the contract they approved that had the dealership paying my 1st 2 payments which made me always in default right from the start so that no matter what it would be repossessed anyway after everything they already did wrong to me and so I told the loan person I was assigned to that they need to come pick it up so that I can start to try and fight all of this and although I didn't think I was ever gonna see a dime back from all of this wrong doing to me, the least I could do is contact my credit report agencies and provide all of the proof that I have including the fact that I have a witness to all of this happening and that's my husband along with an acquaintance that I used to know that also was a part of the DMV investigation and was aware of what they were doing to me and what they did to her, she's also a witness and as is the investigator and person I spoke to about my complaint to them.
02/06/2022 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Problem with a credit reporting company's investigation into an existing problem
  • Their investigation did not fix an error on your report
  • NV
  • 89121
Web
I have filed a complaint with all 3 reports and I provided proof that XXXX XXXX XXXX shouldn't be on my report at all as the vehicle I purchased was a fraudulent loan. I provided proof that I was denied the loan at a lower rate and lower price and then the dealership illegally provided 2 additional contracts each were done 2 weeks apart and 2 weeks apart from the one I was denied but then the loan company accepted the 3rd contract that was for a higher amount higher percentage and the dealership also asked me for an additional $500 down from the original $1000 down and when I provided it they didn't put it into the down payment and told me "it was put into the back end of the loan" at which point I refused to sign that 3rd contract that was already illegal because they cannot issue more than 1 contract unless it's all done on the same date and not on additional dates done later which is what was done & I provided the proof to the 3 reporting agencies as well as proof that the loan company didn't even follow the paperwork that showed the dealership responsible to pay my 1st 2 payments that they signed on an I.O.U. document they had with my contract but then the loan company reported them as missing payments and reported them as being behind in payments. I was also made and forced to sign the contract when I requested my money back from the dealership immediately upon giving me the 3rd contract which was done 6weeks after the 1st contract I signed that was denied by the loan company stating I didn't have the credit to afford the 1st contract but then they approved the 3rd that illegally didn't show my additional $500 I put down and so the dealership paid off an undercover metro police officer to scare me into signing it by putting me in handcuffs and threatening me with being charged with theft as if I had stolen the vehicle since I had the vehicle since the 1st contract 6weeks earlier (I was told that the loan company was also aware of what was being done to me and I called them the day after I signed it under duress after they did that to me at the dealership and requested my down payment & wanted the vehicle turned back in within my recession period after signing in the day before and they refused and told me the down payment was staying at $1000 even though I paid $1500 which was the reason they said I was denied the 2nd contract cuz they needed more down but then they did this to me). So when they denied me trying to stop this plus I didn't know how I could even be approved for the amount even I was on such a low fixed income and only wanted to spend less than $8000 on a car and they denied my 1st contract 6weeks earlier at a lower amount but now we're approving over $17k when I wasn't approved the 1st one at over $15k? The results were from not having a good debt to income with a whole slew of other problems they said I wasn't approved. So my only opportunity to make this right was to file a complaint with the DMV where I shared how they lied about my down payment, had me sign 3 different contracts all 6 weeks apart and I had proof and shared it and told them of signing it due to being put in handcuffs cuz they paid off an off duty cop that they told me about after I signed it because it cost them an additional $500 to pay off the cop so they were asses and told me that my $500 extra went to hiring the off duty cop. I also had a friend at the time that went thru them and her problem was that she didn't have money for a down payment so they told her lie and say that she paid a $2k down payment when she didn't pay anything for a down payment. She also gave her information to the DMV when they did their investigation. The DMV also went under cover and had their team go into the dealership with both scenarios in mind and represented both situations with their investigators and the dealership was in violations of the law and again proved my accusations to be true and substantiated. The DMV immediately revoked the dealerships business licenses and all owners and anyone associated with running the dealership was given lifetime revoked licensing that they will not issue licenses to any of these individuals or business entities any licenses for the state of Nevada at all ever. I was provided with a letter stating this and that my coerced signature of my contract with the dealership should be accepted as a void of my contract with my down payment returned to me and they said that if it is not then I should volunteerily return the vehicle to the loan company and request my monies be returned and that my credit report is not negatively effected by any of this. They said that the loan company is as liable as the dealership because they are responsible for doing business with reputable dealerships that are working within the law and that if they are working with companies that are not within the law and that they are under the understanding that they work with companies that use the same values and work under the same laws that they do and they work with them knowing these dealerships represent them when they work with them therefore when these dealerships work outside the law and illegally use deception in order to be rewarded a contract that they wouldn't normally be rewarded had they worked within the parameters of the law and were honest with the customer in obtaining their business and doing business with them, the loan company understands that they do business with these companies acknowledging that these businesses are a direct representation of their loan company as the customer doesn't pick out the loan company themselves that will be used to provide them with a loan for their purchase so that anything the dealership does outside of the law is in direct alignment to them and they know that they are equally as responsible as the dealership because they stand up for the businesses that they choose to do business with and that means also taking on all of the dealerships illegal activities as well. Not only is that the case but I made them aware of what happened the following day and let them know that the dealership and off duty cop also stated that the loan company was aware of what was going on and was 100% not only approved of by the loan company but also requested and of course the loan company denied it. I also sent them parts of the contract that they claimed they didn't receive and therefore wouldn't give me the credit on the 1st 2 payments that show that the dealership owners signed off and agreed to and they said that they wouldn't allow me to rescind my contract signature the following day and wouldn't provide me with my down payment in full back and this is after I explained everything that went on the day before and how the dealership actually was able to get my signature on those documents and that it was under duress. So even with all of that info they refused to allow me out of the contract. They were also sent the letter from the DMV regarding the dealership and the investigation that went into revoking all licensing of the dealership and shutting the business down based on them running illegal business practices that were Substantiated by multiple illegal contracts provided to the DMV providing the proof to start the investigation and then under investigation working with undercover agents of the DMV, the dealership was standardly practicing the illegal actions that were reported by customers that had been responsible to pay illegal contracts obtained by the dealership. So the DMV let me know that the loan company knowing that this investigation went through and the dealership was revoked all licensing and future licensing in the state of Nevada, that it was my complaint that started the investigation and was proven to be obtained using illegal business practices and actually used deception in order to be awarded my contract that it would not have been awarded had they used standard business practices and were honest in their practices with me, that they would not have been awarded my contract and that the loan companies are well aware that they are as responsible as the dealership because they choose to do business with the dealership and that they do so with the understanding that they are doing business within the parameters of the law and that they represent the loan company fully as the loan company is given to the client by the dealership when they choose to do business with that loan company for that contract and the customer only has the dealership to provide them with any and all information on the loan company that the dealership chooses to use to get them a loan therefore anything they do illegally is also directly attached to the loan company that they choose because the loan company does business with the dealership opening representing that the dealership is in direct alignment with the values of the loan company and accepts that whatever representation the dealership has with the customer also correlates to the loan company that does business with them and that the loan company is well aware of this and should have no problem now with allowing you to turn the vehicle in volunteerily and providing you back with your down payment at the very least and most likely will also provide you with the money that you had already paid to them for the loan because you requested that the loan be voided the day after it was signed and even though you provided all of the information to them they still denied it knowing that the customer was letting them know of business practices the dealership was providing on their behalf that were not in the parameters of the law and you also provided them with the friend that was actually denied a loan with them because when they called to confirm the down payment she had told them that she didn't provide a down payment when she was supposed to lie and state $2k so the dealership had to go with a different loan company with her and tell her lie to the next loan company or else she wouldn't get the loan so she did and got it. When they called to confirm my down payment it was the 2nd contract that they actually denied and stated they needed a greater down payment in order to approve me to the dealership so the dealership told me this and had me come in 4 weeks aftwr the first contract denied, 2 weeks after the 2nd contract was denied and needed me to provide them with an additional $500 in order to approve the contract so when I came in with it and they rewrote my contract it didn't show a change in the down payment so I refused to sign it and asked for my money back. They told me that I had to sign it. I told them no because I didn't want the car for the sales price they now had and then didn't even add the additional $500 I just provided them with and they used that it was in the back of the loan when I was working before this In timeshare and I was well aware of how contracts were written and I was an XXXX so there is nothing they can say in order for me to change my mind so I wanted my money back that I put down - the entire $1500 I provided to them. They told me I needed to give them the vehicle and that they may or may not give me back $1000 of the $1500 I provided based on the fact that there's nothing anywhere that shows that I even brought in the $500 from today so did I really want to blow up this deal and be without a vehicle and not be able to get another vehicle for who knows how long since they wouldn't be giving me all my money back and would only be giving me $1000 back if I did give the car back and that they were going to have a problem with my paperwork and it was going to take approximately 3 months before even giving me back the $1000 so wouldn't it be a XXXX of a lot easier on me to just sign the contract for the car. I said no and that I want my $1500 in full returned to me immediately, I wasn't signing their contract and I would return the vehicle back when they have my money to me. I left and told them to call me when they have my $1500 and I would return the vehicle at the same time. I left the dealership and called the loan officer to let them know what was going on. They told me if I didn't want to sign the contract that the dealership was responsible for returning my down payment and if there is a discrepancy in how much that down payment is then that's between myself and the dealership and that the 3rd contract is approved by the loan agency and I asked how that could be when the dealership said that the 2nd wasn't approved because the loan company needed to see that I had more money available first with an additional amount of money as a down payment so they said $500 additional was good enough and that it would be approved but here they approved it without an additional amount as the down payment like I was told I needed to provide so I did but then it didn't show in the down payment but the 3rd contract showed all different amounts then the previous 2 contracts over the last 4 weeks but this is approved? My 1st contract was denied by them and the income to debt ratio was used, also the amount of collections, adverse credit on my report and it was that I didn't make enough money being on social Security on a low fixed income to be able to pay such a high payment based on the price of the vehicle and my social Security was about to be reduced by $1000 per month because my child was turning XXXX and I told the loan company that I wanted a loan for a vehicle that was at most $8k and now this loan was over double that and I had another 1-2months before my income was going to be reduced by 1/3rd of what I get. How was it even possible that they were approving the 3rd contract that I was yet to even sign? The loan officer was flustered and told me that I had already had the vehicle for over 4weeks now and I needed to sign the new contract provided or else the dealership needed the vehicle back. I told her that that is exactly what I want but I want my down payment at the same time so that I can go get a loan that's half the cost of this loan that I can't afford but in order to do that, I need my down payment. They told me the down payment shows as $1000 and they can only go by what the dealership has in the documents and the dealership is stating that the down payment is what it shows and we don't have any reason to believe it's any different from what they are stating and that they can hold your down payment from you for 90days if that's what the dealership wants to do and they stand by the dealership. I told her they need to let me know when my full down payment is ready to be returned to me and I will turn in their vehicle to them by going there and they can give it to me at the dealership and providing me with a way back home after that or they can pick it up from me at my address when they give me back my full down payment. The dealership called me 2 days later and told me to come down and they had my down payment of $1500 for me and if I can bring the vehicle that they would give me the full down payment and drive me home. I showed up to the dealership and when I got out there was a black Escalade directly behind me and he put his lights on, walked out in plain clothes and told me he was a metro Police officer and I was being arrested for stealing this car that I drove in that I have had for 6weeks without signing a contract and that if it isn't signed today then he's taking me to jail where I will be for a very long time. He told me he was contacted by the dealership and they let him know that the loan company was also going to press charges if I don't sign documents today. I told him I've only had it for 6wks because they tell me a contract is good and the loan company approved only to find out 2 weeks later when thry tell me to come in for my pink slip that I have to sign new contracts because the last wasn't approved and they did that to me 3 times now and the last time they asked me to bring in more money, I brought in $500 that they took and then gave me new documents to sign and then I saw that the extra $500 I gave them that they had not put into the down payment so at that point I wasnt signing a fraudulent contract and I asked for all of my money back and they could have the car where they threatened me and said they wouldn't give me all of it back and the 2/3rds they would give back would at least be 3months at the earliest they would give it back so that I wouldn't have any opportunity to buy another car used or new from private seller or dealership so I would be without a vehicle for at the very least 3 months and I would be out $500 even then when Im on a low fixed income to begin with so I told them they would get the vehicle back when I get my money I put down for it in full back. The officer said that's something I can tell a judge but he was here to arrest me if he didn't see a signature on the contract. I told him I would sign it under duress and I said that in front of all the ppl working at the dealership and I said that there is at least a 3 day recission period where I can say I don't want this vehicle I want my money back and they have to do it, it's my right to have a change of heart within 3 days and so I will sign this under duress and I'm calling the loan company in the morning to tell them what happened and that I'm not doing this and my money needs to be returned immediately. So in the morning I called the loan officer assigned that I had been speaking to and let them know everything and I said I do not want this vehicle, I didn't want to from the beginning cuz I couldn't afford it then and didn't want it but I was given this and that and told things to talk me into it but then I was denied by the loan company and so relieved when I got the notice in the mail so that I could return it and so when I went back in to return it I was told that the contract was already changed and approved by the loan company and I already had it for 2 weeks so I couldn't get out of it now and I was lied and deceived throughout so that I would feel like I had no no choice but to accept the lies they were telling me. Well so at that point I thought I was screwed until they asked me for more money and that's when I started looking into things and what my rights were. So by the time all of this had come down I had read every word of every page of each contract and read up all about the legalities in purchasing a vehicle and who is responsible for what and also asked questions online because I felt like I was deceived so that they could get me to pay for a car I couldn't afford and wouldn't have even paid for or ever even done had they not made me feel as if I had no choice and pressured me into it and then when I decided while contracts were denied and no new contract that could be approved was even signed that I wasn't going to buy this vehicle that I couldn't afford and I had every right to get my money back and not accept this vehicle I didn't have enough money to buy and the loan company didn't think so either which is why they denied me for all the reasons I only wanted a car that was less than $8k to begin with cuz I knew I couldn't and wouldn't be able to afford the payments on it. But when I called to tell the loan company what happened and how I signed under duress and that I was told that they were also named by the police officer stating that he was told that the loan company was also going to press charges and of course the loan company said that they had nothing to do with that and that the loan had already been processed and there wasn't anything like a 3 day recission available or legal and although I know that to be the case for timeshare it isn't something they do in the car industry and unfortunately I was responsible for the loan and couldn't turn it back in and get my down payment back and if I didn't want the vehicle and my down payment was wrong I shouldn't have signed the contract. So I had to go to pick up my pink slip at the dealership and that's when they apologized for all of the problems and said they were sorry but they had to do what was necessary to get the deal done and that my extra $500 ended up having to go pay to get that off duty cop to scare me but it was for the good of all because it finally got done. I told them everything they did was against the law and I would make sure they paid for it. They told me they knew ppl in high places and that the law was on their side regardless of how much they decided they needed to stretch it so to just remember that when I go against them that the consequences of my actions may land me in a jail even if I'm right, no one will ever believe me or find out any different because they were able to get it done when I told them I wanted my money back and didn't want to sign docs and I was forced to do it and had no proof to the contrary (because they had no idea that I saved my illegal contracts that they did and lied and told them I threw them away when they asked for them so maybe no one would've believed me against them and the lying loan company as well but I had those docs and the denial of credit and adverse action the loan company sent and my friend even though they told her not to say a word about having to lie about her $2k down payment on her contract that she didn't provide to them - she told me so that I could use her statement to go to the DMV and file a complaint even if it got her in trouble for it because she saw the XXXX I went through and how much I didn't want the vehicle and wanted my money back but they weren't allowing me to do it and made me go through with a contract I didn't want and couldn't afford. So I went to the DMV and they did the investigation and said that the loan company was as responsible as they were and that they knew what happened to the dealership and it looks bad for them because they do business with them that shows ppl that they condone illegal practices from the ppl they do business with and it shows that they also may allow these illegal practices to occur in order to get their contracts signed and that by all of this happening and it being your contract that was determined the dealership used illegal business and sales tactics in order to be awarded the contract that the loan company would not want to have an association to that and that I should be able to volunteerily return the vehicle and get my full down payment back and probably all the payments I did end up forcibly paying until I could no longer do it because I couldn't afford it. If they won't do it by speaking to them and also letting them know you spoke to the DMV and they stated that they are just as liable for the fraud and deception used in my contract even by just doing business with the dealership and they know this due to being in business in this industry and accepting to do business with dealerships and what your liability is and involvement in the kind of company they are and values they represent. He told me that if I have to then I can file a lawsuit against them but would have to do a small claims court but then when I volunteerily turned in my vehicle and told them why for which they actually picked it up as a non payment repossession instead of the voluntary repossession I requested based on my entire history and all the documents I had proving the contract was illegal based on the illegal contracts I have, the documents signed that they wouldnt actually go by those documents and actually put me down for 2 missing payments when it shows in my documents that they actually accepted that the I.O.U. from the dealership owes me the first 2 payments to be paid but it also has the 2nd contracts dates and they moved it over to the 3rd but I'm sure the loan company wants to claim ignorance by saying they didn't know about the illegal practices that were committed so if they then show 2 different dates on contract docs then it shows they were a part of the illegal practices from the start but it also shows that based on my 1st contract being denied and the date of the adverse letere they sent to my home denying my contract approval based on not being able to afford it or having the kind of credit that's able to afford the loan I was getting and I agreed but then they approved the 3rd contract that had the highest price tag with the most interest when I was only a few months away from a reduction of my pay by 1/3rd yet they still approved it and they approved it after denying 2 other contracts with the 1st being 6wks prior and 2nd being 2weeks prior and all for the same dealership same customer same information and all were for different dates which is completely illegal but they knew all of that yet still did it and even when even greater illegal practices and inmorale practices that should never be done to any customer forcing them to take on an expense they knowingly can't afford and didn't want and only wanted the money that she gave for a down payment returned immediately in order to not have to go without a car to take her kid to school and her husband to find work, they used that against her and did the most heinous things in order to force her to do a contract she didn't want and couldn't afford that actually made her XXXX sleeping in the car that she had voluntarily repossessed knowing that by doing so that she would putting her husband her dog and herself out to the street and having her kid move in with a friend and have to drop out of college in order to try to correct the illegal and fraudulent acts that were forced upon her in order to make her by something she didn't want and couldn't afford so I knowingly called to come pick up the vehicle so I could then file a complaint with the attorney general or file it online with credit reporting or what not in order to get it off her reports and possibly get her down payment back and maybe get her other payments back but even I highly doubted I would get any money back and filing small claims wouldn't work because the vehicle was for $17k and they lied about how much they got for the car and how much all the fees and everything else costs because they say that the brand new car that I voluntarily had repossessed because the entire deal shouldve been reversed based on the truth of what happened and the investigation that the DMV did using my complaint and having the investigation result in revoking all licenses and not allowing any licenses to ever be available to the ppl involved in that dealership and DMV found my complaint to be accurate and true and it was a letter stating that my contract was fraudulent and was awarded based on deception and shouldn't have ever gone thru and I shouldve been able to get my money back and not have it affect my credit negatively and that if the DMV had the legal right to award my money back and give back the vehicle and either post to my credit reports that it was paid in full and no history of negative or adverse credit with that account and only showing good credit history with that loan or have it completely removed off all my credit reports resulting in no negative credit reporting at all for all 3 credit reports for this loan and that all the money that I paid for this vehicle including my full $1500 down payment and not the $1000 the dealership lied about returning all in full - they would gladly and rightfully make all of this happen for me after the misjustice done to me with this loan and all that I was put thru when this shouldve never happened to me but unfortunately even though they can investigate and find the evidence that I was absolutely correct in everything I have said about all the illegal practices that were committed by the dealership that the loan company is also responsible for based on the relationship that they have with the dealerships that they stand behind when they decided to do business with them - if the DMV could award me everything and all of my money back and even award monies back for all that I went thru as fees for all of the illegal practices against me, they said they would gladly do so but unfortunately the only thing I could do is voluntarily repossess based on the evidence of all the illegal practices that their investigation proved to be true all from my complaint on my contract and hopefully I could file against the dealership and loan company in small claims court and that the credit agencies would take it all off my credit reports and I would be awarded all of my monies back that I had paid into the vehicle but they do not have the authority to provide me with monies from these companies for their wrong doing but the dealership was fined heavily on behalf of the DMV and the investigation is at DMV and any agency or law agency can get all the information from the investigation and my original complaint or even just what they were charged with and their licenses being revoked and never able to be restored and how the loan company is looked upon in the industry as far as their involvement or responsibility when the DMV has wrongdoing, fraudulent actions, and using deception in order to be awarded sales that they normally wouldn't get and the loan company knowingly approving a contract that has already had 2 others denied all weeks apart for the same vehicle same customer when that is completely illegal and denying the those contracts based on debt to income and not having the money necessary to fund and pay those contracts but then being able to pay a larger contract with more interest after denying 2 others that the customer maintains they didn't want and told the loan company prior to signing the contract under duress that was all proved to be true in the investigation. I will send the documents to you after sending them to all of. The credit agencies and even though I sent them proving the loan company is lying - they still keep it on my credit reports and they can go to the DMV and get the investigation and letter to me that's all on file for the dealership shown in my records and anyone can see that they are lying. I can't get all of that info - I don't think but I was told that you can. Also was told the industry knows that the loan company is as responsible because they did business with the dealership and that's enough to be just as liable. Also I voluntarily had this repossessed so that I could do something about it especially after not even following the contract they approved that had the dealership paying my 1st 2 payments which made me always in default right from the start so that no matter what it would be repossessed anyway after everything they already did wrong to me and so I told the loan person I was assigned to that they need to come pick it up so that I can start to try and fight all of this and although I didn't think I was ever gonna see a dime back from all of this wrong doing to me, the least I could do is contact my credit report agencies and provide all of the proof that I have including the fact that I have a witness to all of this happening and that's my husband along with an acquaintance that I used to know that also was a part of the DMV investigation and was aware of what they were doing to me and what they did to her, she's also a witness and as is the investigator and person I spoke to about my complaint to them.
02/06/2022 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Problem with a credit reporting company's investigation into an existing problem
  • Their investigation did not fix an error on your report
  • NV
  • 89121
Web
I have filed a complaint with all 3 reports and I provided proof that XXXX XXXX XXXX shouldn't be on my report at all as the vehicle I purchased was a fraudulent loan. I provided proof that I was denied the loan at a lower rate and lower price and then the dealership illegally provided 2 additional contracts each were done 2 weeks apart and 2 weeks apart from the one I was denied but then the loan company accepted the 3rd contract that was for a higher amount higher percentage and the dealership also asked me for an additional $500 down from the original $1000 down and when I provided it they didn't put it into the down payment and told me "it was put into the back end of the loan" at which point I refused to sign that 3rd contract that was already illegal because they cannot issue more than 1 contract unless it's all done on the same date and not on additional dates done later which is what was done & I provided the proof to the 3 reporting agencies as well as proof that the loan company didn't even follow the paperwork that showed the dealership responsible to pay my 1st 2 payments that they signed on an I.O.U. document they had with my contract but then the loan company reported them as missing payments and reported them as being behind in payments. I was also made and forced to sign the contract when I requested my money back from the dealership immediately upon giving me the 3rd contract which was done 6weeks after the 1st contract I signed that was denied by the loan company stating I didn't have the credit to afford the 1st contract but then they approved the 3rd that illegally didn't show my additional $500 I put down and so the dealership paid off an XXXX XXXX police officer to scare me into signing it by putting me in handcuffs and threatening me with being charged with theft as if I had stolen the vehicle since I had the vehicle since the 1st contract 6weeks earlier (I was told that the loan company was also aware of what was being done to me and I called them the day after I signed it under duress after they did that to me at the dealership and requested my down payment & wanted the vehicle turned back in within my recession period after signing in the day before and they refused and told me the down payment was staying at $1000 even though I paid $1500 which was the reason they said I was denied the 2nd contract cuz they needed more down but then they did this to me). So when they denied me trying to stop this plus I didn't know how I could even be approved for the amount even I was on such a low fixed income and only wanted to spend less than $8000 on a car and they denied my 1st contract 6weeks earlier at a lower amount but now we're approving over $17k when I wasn't approved the 1st one at over $15k? The results were from not having a good debt to income with a whole slew of other problems they said I wasn't approved. So my only opportunity to make this right was to file a complaint with the DMV where I shared how they lied about my down payment, had me sign 3 different contracts all 6 weeks apart and I had proof and shared it and told them of signing it due to being put in handcuffs cuz they paid off an off duty cop that they told me about after I signed it because it cost them an additional $500 to pay off the cop so they were XXXX and told me that my $500 extra went to hiring the off duty cop. I also had a friend at the time that went thru them and her problem was that she didn't have money for a down payment so they told her lie and say that she paid a $2k down payment when she didn't pay anything for a down payment. She also gave her information to the DMV when they did their investigation. The DMV also went under cover and had their team go into the dealership with both scenarios in mind and represented both situations with their investigators and the dealership was in violations of the law and again proved my accusations to be true and substantiated. The DMV immediately revoked the dealerships business licenses and all owners and anyone associated with running the dealership was given lifetime revoked licensing that they will not issue licenses to any of these individuals or business entities any licenses for the state of Nevada at all ever. I was provided with a letter stating this and that my coerced signature of my contract with the dealership should be accepted as a void of my contract with my down payment returned to me and they said that if it is not then I should volunteerily return the vehicle to the loan company and request my monies be returned and that my credit report is not negatively effected by any of this. They said that the loan company is as liable as the dealership because they are responsible for doing business with reputable dealerships that are working within the law and that if they are working with companies that are not within the law and that they are under the understanding that they work with companies that use the same values and work under the same laws that they do and they work with them knowing these dealerships represent them when they work with them therefore when these dealerships work outside the law and illegally use deception in order to be rewarded a contract that they wouldn't normally be rewarded had they worked within the parameters of the law and were honest with the customer in obtaining their business and doing business with them, the loan company understands that they do business with these companies acknowledging that these businesses are a direct representation of their loan company as the customer doesn't pick out the loan company themselves that will be used to provide them with a loan for their purchase so that anything the dealership does outside of the law is in direct alignment to them and they know that they are equally as responsible as the dealership because they stand up for the businesses that they choose to do business with and that means also taking on all of the dealerships illegal activities as well. Not only is that the case but I made them aware of what happened the following day and let them know that the dealership and off duty cop also stated that the loan company was aware of what was going on and was 100% not only approved of by the loan company but also requested and of course the loan company denied it. I also sent them parts of the contract that they claimed they didn't receive and therefore wouldn't give me the credit on the 1st 2 payments that show that the dealership owners signed off and agreed to and they said that they wouldn't allow me to rescind my contract signature the following day and wouldn't provide me with my down payment in full back and this is after I explained everything that went on the day before and how the dealership actually was able to get my signature on those documents and that it was under duress. So even with all of that info they refused to allow me out of the contract. They were also sent the letter from the DMV regarding the dealership and the investigation that went into revoking all licensing of the dealership and shutting the business down based on them running illegal business practices that were Substantiated by multiple illegal contracts provided to the DMV providing the proof to start the investigation and then under investigation working with undercover agents of the DMV, the dealership was standardly practicing the illegal actions that were reported by customers that had been responsible to pay illegal contracts obtained by the dealership. So the DMV let me know that the loan company knowing that this investigation went through and the dealership was revoked all licensing and future licensing in the state of Nevada, that it was my complaint that started the investigation and was proven to be obtained using illegal business practices and actually used deception in order to be awarded my contract that it would not have been awarded had they used standard business practices and were honest in their practices with me, that they would not have been awarded my contract and that the loan companies are well aware that they are as responsible as the dealership because they choose to do business with the dealership and that they do so with the understanding that they are doing business within the parameters of the law and that they represent the loan company fully as the loan company is given to the client by the dealership when they choose to do business with that loan company for that contract and the customer only has the dealership to provide them with any and all information on the loan company that the dealership chooses to use to get them a loan therefore anything they do illegally is also directly attached to the loan company that they choose because the loan company does business with the dealership opening representing that the dealership is in direct alignment with the values of the loan company and accepts that whatever representation the dealership has with the customer also correlates to the loan company that does business with them and that the loan company is well aware of this and should have no problem now with allowing you to turn the vehicle in volunteerily and providing you back with your down payment at the very least and most likely will also provide you with the money that you had already paid to them for the loan because you requested that the loan be voided the day after it was signed and even though you provided all of the information to them they still denied it knowing that the customer was letting them know of business practices the dealership was providing on their behalf that were not in the parameters of the law and you also provided them with the friend that was actually denied a loan with them because when they called to confirm the down payment she had told them that she didn't provide a down payment when she was supposed to lie and state $2k so the dealership had to go with a different loan company with her and tell her lie to the next loan company or else she wouldn't get the loan so she did and got it. When they called to confirm my down payment it was the 2nd contract that they actually denied and stated they needed a greater down payment in order to approve me to the dealership so the dealership told me this and had me come in 4 weeks aftwr the first contract denied, 2 weeks after the 2nd contract was denied and needed me to provide them with an additional $500 in order to approve the contract so when I came in with it and they rewrote my contract it didn't show a change in the down payment so I refused to sign it and asked for my money back. They told me that I had to sign it. I told them no because I didn't want the car for the sales price they now had and then didn't even add the additional $500 I just provided them with and they used that it was in the back of the loan when I was working before this In timeshare and I was well aware of how contracts were written and I was an accountant so there is nothing they can say in order for me to change my mind so I wanted my money back that I put down - the entire $1500 I provided to them. They told me I needed to give them the vehicle and that they may or may not give me back $1000 of the $1500 I provided based on the fact that there's nothing anywhere that shows that I even brought in the $500 from today so did I really want to blow up this deal and be without a vehicle and not be able to get another vehicle for who knows how long since they wouldn't be giving me all my money back and would only be giving me $1000 back if I did give the car back and that they were going to have a problem with my paperwork and it was going to take approximately 3 months before even giving me back the $1000 so wouldn't it be a XXXX of a lot easier on me to just sign the contract for the car. I said no and that I want my $1500 in full returned to me immediately, I wasn't signing their contract and I would return the vehicle back when they have my money to me. I left and told them to call me when they have my $1500 and I would return the vehicle at the same time. I left the dealership and called the loan officer to let them know what was going on. They told me if I didn't want to sign the contract that the dealership was responsible for returning my down payment and if there is a discrepancy in how much that down payment is then that's between myself and the dealership and that the 3rd contract is approved by the loan agency and I asked how that could be when the dealership said that the 2nd wasn't approved because the loan company needed to see that I had more money available first with an additional amount of money as a down payment so they said $500 additional was good enough and that it would be approved but here they approved it without an additional amount as the down payment like I was told I needed to provide so I did but then it didn't show in the down payment but the 3rd contract showed all different amounts then the previous 2 contracts over the last 4 weeks but this is approved? My 1st contract was denied by them and the income to debt ratio was used, also the amount of collections, adverse credit on my report and it was that I didn't make enough money being on social Security on a low fixed income to be able to pay such a high payment based on the price of the vehicle and my social Security was about to be reduced by $1000 per month because my child was turning 18 and I told the loan company that I wanted a loan for a vehicle that was at most $8k and now this loan was over double that and I had another 1-2months before my income was going to be reduced by 1/3rd of what I get. How was it even possible that they were approving the 3rd contract that I was yet to even sign? The loan officer was flustered and told me that I had already had the vehicle for over 4weeks now and I needed to sign the new contract provided or else the dealership needed the vehicle back. I told her that that is exactly what I want but I want my down payment at the same time so that I can go get a loan that's half the cost of this loan that I can't afford but in order to do that, I need my down payment. They told me the down payment shows as $1000 and they can only go by what the dealership has in the documents and the dealership is stating that the down payment is what it shows and we don't have any reason to believe it's any different from what they are stating and that they can hold your down payment from you for 90days if that's what the dealership wants to do and they stand by the dealership. I told her they need to let me know when my full down payment is ready to be returned to me and I will turn in their vehicle to them by going there and they can give it to me at the dealership and providing me with a way back home after that or they can pick it up from me at my address when they give me back my full down payment. The dealership called me 2 days later and told me to come down and they had my down payment of $1500 for me and if I can bring the vehicle that they would give me the full down payment and drive me home. I showed up to the dealership and when I got out there was a black Escalade directly behind me and he put his lights on, walked out in plain clothes and told me he was a XXXX Police officer and I was being arrested for stealing this car that I drove in that I have had for 6weeks without signing a contract and that if it isn't signed today then he's taking me to jail where I will be for a very long time. He told me he was contacted by the dealership and they let him know that the loan company was also going to press charges if I don't sign documents today. I told him I've only had it for 6wks because they tell me a contract is good and the loan company approved only to find out 2 weeks later when thry tell me to come in for my pink slip that I have to sign new contracts because the last wasn't approved and they did that to me 3 times now and the last time they asked me to bring in more money, I brought in $500 that they took and then gave me new documents to sign and then I saw that the extra $500 I gave them that they had not put into the down payment so at that point I wasnt signing a fraudulent contract and I asked for all of my money back and they could have the car where they threatened me and said they wouldn't give me all of it back and the 2/3rds they would give back would at least be 3months at the earliest they would give it back so that I wouldn't have any opportunity to buy another car used or new from private seller or dealership so I would be without a vehicle for at the very least 3 months and I would be out $500 even then when Im on a low fixed income to begin with so I told them they would get the vehicle back when I get my money I put down for it in full back. The officer said that's something I can tell a judge but he was here to arrest me if he didn't see a signature on the contract. I told him I would sign it under duress and I said that in front of all the ppl working at the dealership and I said that there is at least a 3 day recission period where I can say I don't want this vehicle I want my money back and they have to do it, it's my right to have a change of heart within 3 days and so I will sign this under duress and I'm calling the loan company in the morning to tell them what happened and that I'm not doing this and my money needs to be returned immediately. So in the morning I called the loan officer assigned that I had been speaking to and let them know everything and I said I do not want this vehicle, I didn't want to from the beginning cuz I couldn't afford it then and didn't want it but I was given this and that and told things to talk me into it but then I was denied by the loan company and so relieved when I got the notice in the mail so that I could return it and so when I went back in to return it I was told that the contract was already changed and approved by the loan company and I already had it for 2 weeks so I couldn't get out of it now and I was lied and deceived throughout so that I would feel like I had no no choice but to accept the lies they were telling me. Well so at that point I thought I was screwed until they asked me for more money and that's when I started looking into things and what my rights were. So by the time all of this had come down I had read every word of every page of each contract and read up all about the legalities in purchasing a vehicle and who is responsible for what and also asked questions online because I felt like I was deceived so that they could get me to pay for a car I couldn't afford and wouldn't have even paid for or ever even done had they not made me feel as if I had no choice and pressured me into it and then when I decided while contracts were denied and no new contract that could be approved was even signed that I wasn't going to buy this vehicle that I couldn't afford and I had every right to get my money back and not accept this vehicle I didn't have enough money to buy and the loan company didn't think so either which is why they denied me for all the reasons I only wanted a car that was less than $8k to begin with cuz I knew I couldn't and wouldn't be able to afford the payments on it. But when I called to tell the loan company what happened and how I signed under duress and that I was told that they were also named by the police officer stating that he was told that the loan company was also going to press charges and of course the loan company said that they had nothing to do with that and that the loan had already been processed and there wasn't anything like a 3 day recission available or legal and although I know that to be the case for timeshare it isn't something they do in the car industry and unfortunately I was responsible for the loan and couldn't turn it back in and get my down payment back and if I didn't want the vehicle and my down payment was wrong I shouldn't have signed the contract. So I had to go to pick up my pink slip at the dealership and that's when they apologized for all of the problems and said they were sorry but they had to do what was necessary to get the deal done and that my extra $500 ended up having to go pay to get that off duty cop to scare me but it was for the good of all because it finally got done. I told them everything they did was against the law and I would make sure they paid for it. They told me they knew ppl in high places and that the law was on their side regardless of how much they decided they needed to stretch it so to just remember that when I go against them that the consequences of my actions may land me in a jail even if I'm right, no one will ever believe me or find out any different because they were able to get it done when I told them I wanted my money back and didn't want to sign docs and I was forced to do it and had no proof to the contrary (because they had no idea that I saved my illegal contracts that they did and lied and told them I threw them away when they asked for them so maybe no one would've believed me against them and the lying loan company as well but I had those docs and the denial of credit and adverse action the loan company sent and my friend even though they told her not to say a word about having to lie about her $2k down payment on her contract that she didn't provide to them - she told me so that I could use her statement to go to the DMV and file a complaint even if it got her in trouble for it because she saw the XXXX I went through and how much I didn't want the vehicle and wanted my money back but they weren't allowing me to do it and made me go through with a contract I didn't want and couldn't afford. So I went to the DMV and they did the investigation and said that the loan company was as responsible as they were and that they knew what happened to the dealership and it looks bad for them because they do business with them that shows ppl that they condone illegal practices from the ppl they do business with and it shows that they also may allow these illegal practices to occur in order to get their contracts signed and that by all of this happening and it being your contract that was determined the dealership used illegal business and sales tactics in order to be awarded the contract that the loan company would not want to have an association to that and that I should be able to volunteerily return the vehicle and get my full down payment back and probably all the payments I did end up forcibly paying until I could no longer do it because I couldn't afford it. If they won't do it by speaking to them and also letting them know you spoke to the DMV and they stated that they are just as liable for the fraud and deception used in my contract even by just doing business with the dealership and they know this due to being in business in this industry and accepting to do business with dealerships and what your liability is and involvement in the kind of company they are and values they represent. He told me that if I have to then I can file a lawsuit against them but would have to do a small claims court but then when I volunteerily turned in my vehicle and told them why for which they actually picked it up as a non payment repossession instead of the voluntary repossession I requested based on my entire history and all the documents I had proving the contract was illegal based on the illegal contracts I have, the documents signed that they wouldnt actually go by those documents and actually put me down for 2 missing payments when it shows in my documents that they actually accepted that the I.O.U. from the dealership owes me the first 2 payments to be paid but it also has the 2nd contracts dates and they moved it over to the 3rd but I'm sure the loan company wants to claim ignorance by saying they didn't know about the illegal practices that were committed so if they then show 2 different dates on contract docs then it shows they were a part of the illegal practices from the start but it also shows that based on my 1st contract being denied and the date of the adverse letere they sent to my home denying my contract approval based on not being able to afford it or having the kind of credit that's able to afford the loan I was getting and I agreed but then they approved the 3rd contract that had the highest price tag with the most interest when I was only a few months away from a reduction of my pay by 1/3rd yet they still approved it and they approved it after denying 2 other contracts with the 1st being 6wks prior and 2nd being 2weeks prior and all for the same dealership same customer same information and all were for different dates which is completely illegal but they knew all of that yet still did it and even when even greater illegal practices and inmorale practices that should never be done to any customer forcing them to take on an expense they knowingly can't afford and didn't want and only wanted the money that she gave for a down payment returned immediately in order to not have to go without a car to take her kid to school and her husband to find work, they used that against her and did the most heinous things in order to force her to do a contract she didn't want and couldn't afford that actually made her homeless sleeping in the car that she had voluntarily repossessed knowing that by doing so that she would putting her husband her dog and herself out to the street and having her kid move in with a friend and have to drop out of college in order to try to correct the illegal and fraudulent acts that were forced upon her in order to make her by something she didn't want and couldn't afford so I knowingly called to come pick up the vehicle so I could then file a complaint with the attorney general or file it online with credit reporting or what not in order to get it off her reports and possibly get her down payment back and maybe get her other payments back but even I highly doubted I would get any money back and filing small claims wouldn't work because the vehicle was for $17k and they lied about how much they got for the car and how much all the fees and everything else costs because they say that the brand new car that I voluntarily had repossessed because the entire deal shouldve been reversed based on the truth of what happened and the investigation that the DMV did using my complaint and having the investigation result in revoking all licenses and not allowing any licenses to ever be available to the ppl involved in that dealership and DMV found my complaint to be accurate and true and it was a letter stating that my contract was fraudulent and was awarded based on deception and shouldn't have ever gone thru and I shouldve been able to get my money back and not have it affect my credit negatively and that if the DMV had the legal right to award my money back and give back the vehicle and either post to my credit reports that it was paid in full and no history of negative or adverse credit with that account and only showing good credit history with that loan or have it completely removed off all my credit reports resulting in no negative credit reporting at all for all 3 credit reports for this loan and that all the money that I paid for this vehicle including my full $1500 down payment and not the $1000 the dealership lied about returning all in full - they would gladly and rightfully make all of this happen for me after the misjustice done to me with this loan and all that I was put thru when this shouldve never happened to me but unfortunately even though they can investigate and find the evidence that I was absolutely correct in everything I have said about all the illegal practices that were committed by the dealership that the loan company is also responsible for based on the relationship that they have with the dealerships that they stand behind when they decided to do business with them - if the DMV could award me everything and all of my money back and even award monies back for all that I went thru as fees for all of the illegal practices against me, they said they would gladly do so but unfortunately the only thing I could do is voluntarily repossess based on the evidence of all the illegal practices that their investigation proved to be true all from my complaint on my contract and hopefully I could file against the dealership and loan company in small claims court and that the credit agencies would take it all off my credit reports and I would be awarded all of my monies back that I had paid into the vehicle but they do not have the authority to provide me with monies from these companies for their wrong doing but the dealership was fined heavily on behalf of the DMV and the investigation is at DMV and any agency or law agency can get all the information from the investigation and my original complaint or even just what they were charged with and their licenses being revoked and never able to be restored and how the loan company is looked upon in the industry as far as their involvement or responsibility when the DMV has wrongdoing, fraudulent actions, and using deception in order to be awarded sales that they normally wouldn't get and the loan company knowingly approving a contract that has already had 2 others denied all weeks apart for the same vehicle same customer when that is completely illegal and denying the those contracts based on debt to income and not having the money necessary to fund and pay those contracts but then being able to pay a larger contract with more interest after denying 2 others that the customer maintains they didn't want and told the loan company prior to signing the contract under duress that was all proved to be true in the investigation. I will send the documents to you after sending them to all of. The credit agencies and even though I sent them proving the loan company is lying - they still keep it on my credit reports and they can go to the DMV and get the investigation and letter to me that's all on file for the dealership shown in my records and anyone can see that they are lying. I can't get all of that info - I don't think but I was told that you can. Also was told the industry knows that the loan company is as responsible because they did business with the dealership and that's enough to be just as liable. Also I voluntarily had this repossessed so that I could do something about it especially after not even following the contract they approved that had the dealership paying my 1st 2 payments which made me always in default right from the start so that no matter what it would be repossessed anyway after everything they already did wrong to me and so I told the loan person I was assigned to that they need to come pick it up so that I can start to try and fight all of this and although I didn't think I was ever gonna see a dime back from all of this wrong doing to me, the least I could do is contact my credit report agencies and provide all of the proof that I have including the fact that I have a witness to all of this happening and that's my husband along with an acquaintance that I used to know that also was a part of the DMV investigation and was aware of what they were doing to me and what they did to her, she's also a witness and as is the investigator and person I spoke to about my complaint to them.
08/15/2017 Yes
  • Debt collection
  • Mortgage debt
  • Attempts to collect debt not owed
  • Debt was result of identity theft
  • CA
  • 93536
Web
Alleged Account # XXXX FINAL RESPONSE TO JPMORGAN CHASE BANK NA CO MORTGAGE DEPT Reference number XXXX, XXXX : NOTICE - MOST IMPORTANT - The documents for this alleged Mortgage Assignment is nothing but forgeries and robo signing at best. NO ACTUAL FINDINGS - Within the request they the bank JPMorgan Chase NA Mortgage Co was requested to provide proof of said signatures that of the original signatures not forgeries. The signatures are proven not to be that of XXXX XXXX XXXX nor that of XXXX XXXX XXXX the real persons in flesh. Whom do not and has never given any permission to JPMorgan Chase, nor XXXX Mortgage XXXX XXXX XXXX XXXX Funding. WRONG IDENTITY - JPMorgan Chase Bank has referred to XXXX XXXX XXXX & XXXX XXXX XXXX as XXXX XXXX XXXX and XXXX XXXX XXXX, as well as XXXX XXXX or as in XXXX XXXX using the same address within this claim. This is completely and utterly identity theft, fraud no contract. There are no forms presented of an actual ledgers, copy of a check for payments signed by the real persons nor an accurate date or timeline of events for this loan to have taken place. What has been presented to all seen in this complaint is nothing best of forgeries, identity fraud, fraud no contract, and fraud in the inclusion! The attempts of communications with XXXX XXXX XXXX and XXXX XXXX XXXX are therefore cut off, and has never truly existed with the Plaintiffs/real party ( s ) in interest on in the acts of harassment. The document dated XXXX XXXX, XXXX are all forgeries as stated multiple times to JPMorgan Chase Bank to its employees, and agents as in CEOs XXXX, CFO and Representatives. Their response is internally created by former employees of XXXX Mortgage XXXX XXXX XXXX XXXX Funding that of XXXX XXXX and XXXX XXXX XXXX whom may or many not be real persons. Proof of the existence of an account of the actual establishment of debt account but the actual Sentient human XXXX XXXX XXXX and that of XXXX XXXX XXXX duly signed and written out by both parties and not any unilateral agreement. This would include but not limited to the actual agreement upon which the signature page has direct reference to the entire agreement XXXX XXXX XXXX and XXXX XXXX XXXX is an artificial entity, a title, of the limited liability fictitious corporation which is legal trade mark, which constitutes valuable legal interest of which all right, title and interest are reserved and of which you have filed to knotty the Caretaker and acceptance agent and supply proof of claim against the limited liability corporation. XXXX XXXX, XXXX - XXXX From XXXX XXXX dated XXXX XXXX, XXXX. The letter states that the right to cancel was received and that neither credit reporting nor a history thereof shall or has ever taken place. Please see the attachments. The original letter and envelope has been kept in good status and or shape and is ready for review by court of law and by a jury of our peers. JPMorgan Chase sues the FDIC for issues with WaMu banking issues and legal matters that pertain to this matter in fact. The Accounting documents is no ledger and is misleading at best and a false representation of the facts. On the attached documents pages 11 of this alleged accounting not a ledger rather they stated that they acquired the alleged mortgage loan on XXXX XXXX, XXXX, and later a payment on XXXX XXXX, XXXX to WaMu - XXXX Mortgage, when in fact the final payment was made to XXXX Mortgage on or about XXXX XXXX, XXXX and the payoff letter sent to XXXX XXXX XXXX XXXX XXXX XXXX on XXXX XXXX, XXXX. There was no payments made to WaMu during this time, nor was there any credit reporting agencies provide any history of such payments therefore this is a fraudulent attempt of identity theft and Mortgage Assignment fraud. This is why the credit history of JPMorgan Chase has been deleted from both XXXX XXXX XXXX and XXXX XXXX XXXX. The Right to Cancel forms presented by JPMorgan Chase are forgeries - It has been shown as of XXXX XXXX that the signatures that appear on the Note of XXXX Mortgage XXXX. XXXX XXXX has concluded that beyond a reasonable doubt that the signatures upon the alleged documents presented by JPMorgan Chase Bank are not XXXX XXXX XXXX. An earlier signature expert presented the original signatures that on the documents in XXXX XXXX XXXX identity are not that of XXXX XXXX XXXX and are forgeries. The handwriting expert and examination was done at an earlier time in the year of XXXX. The handwriting expert completed XXXX XXXX XXXX report on XXXX XXXX. Neither signature match the original signatures of the living persons that of XXXX XXXX XXXX XXXX XXXX XXXX XXXX or XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The forgeries also represent misleading ideals of XXXX thereof for XXXX XXXX XXXX signs his name in full aka XXXX XXXX XXXX in most cases whenever finalizing legal contractual documents of any kind. This is not presented in there findings! The doctored up accounting document not a ledger never presented any facts of the true identity time frame of this mortgage in fact there is no history of any payments during the accounting documents presented in the year of XXXX, XXXX nor XXXX. As of XXXX payments for demanded and forced under duress as XXXX XXXX XXXX and XXXX XXXX XXXX investigated this fraudulent action created and caused by JPMorgan Chase bank and employees. Proof of claim that You JPMorgan Chase Bank NA Mortgage Co are the original holder in due course, of the aforementioned original debt instrument, and that it is not being un-sold to another party. A copy of the actual accounting, original ledger whereby JPMorgan Chase Bank NA and XXXX Mortgage XXXX XXXX XXXX XXXX Funding has incurred a loss as a result of the alleged debt. An invoice ( not a Statement ), for any amount of money allegedly owed to JPMorgan Chase NA XXXX XXXX XXXX or XXXX XXXX XXXX for that matter has alleged. Proof of claim that there is any money in circulation is backed by anything of value, by which any debt including this one that lends to the possibility XXXX XXXX or Department of Education might get paid by way of actual money, and that the value of the attached is not sufficient to the discharge this debt under the following laws ; Fair debt collection practices act ( FDCPA ), XXXX XXXX XXXX XXXX, XXXX Title XXXX of the Consumer Credit Protection Act of XXXX. The Indentured Trust Act of XXXX HJR XXXX, XXXX Statutes at large XXXX, and XXXX, XXXX of XXXX The securities exchange act of XXXX The fair credit reporting act public law No. XXXX enacted in XXXX The Bankruptcy act of XXXX XXXX U.S.C. XXXX, XXXX. XXXX U.C.C. XXXX, XXXX, XXXX, XXXX, XXXX, XXXX Third Party Collection agency - JPMorgan Chase is a third party collector and or creditor using the identities of XXXX XXXX and XXXX WaMu XXXX Mortgage XXXX XXXX XXXX XXXX Funding and XXXX that of which the the bank JPMorgan Chase claims to have acquired as of these dates XXXX XXXX, XXXX XXXX, and that of XXXX XXXX. Rather the Mortgage XXXX XXXX was created XXXX XXXX, XXXX XXXX XXXX XXXX XXXX years thereafter the alleged acquisition. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CUSP # XXXX - JPMorgan Chase Bank stated that XXXX confirmed that XXXX has not found any records indicating that XXXX XXXX XXXX or his company, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX, were customers of XXXX XXXX or JPMorgan Chase. The documents we received with your correspondence, the year XXXX XXXX shows that at that time he was a customer of XXXX XXXX XXXX XXXX XXXX XXXX XXXX which cleared through XXXX, XXXX XXXX XXXX. XXXX XXXX? - Facts of the USDA XXXX XXXX XXXX # XXXX - this investment was not done in XXXX. The XXXX form was sent to JPMorgan Chase Bank as of the year XXXX along with other documents of history between the two parties XXXX XXXX XXXX and XXXX XXXX the investment documents mentioned therein their letter of denial is simply former relationship building. The investor XXXX XXXX XXXX controller/owner of XXXX XXXX XXXX XXXX XXXX XXXX XXXX continued thereafter XXXX building relationships with XXXX XXXX employees, brokers bankers and others therein and outside of XXXX XXXX since XXXX till the crash of the markets thereof in the year of XXXX. This letter simply states the date and time of relationship and those beginning in its investment stages. The USDA XXXX XXXX CUSP # XXXX is a hedge fund investment the so called XXXX was stocks. Relationships with XXXX XXXX employees such as XXXX XXXX and subsidiary of JPMorgan Chase Bank that of XXXX XXXX employee XXXX XXXX has provided enough evidence that within emails phone calls and physical meetings dates times phone numbers email accounts has provided enough information therein for JPMorgan Chase to acknowledge these substantial facts yet they have used information given to them by XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX which is now XXXX XXXX BANK. During the 9 and half years of this dispute, complaint, or claims, JPMorgan Chase nor XXXX XXXX has ever mentioned this information. Nor have they attempted to contact XXXX XXXX XXXX in person whereas the bank ( s ) JPMorgan Chase Bank and XXXX XXXX XXXX has his contact information. JPMorgan Chase alleges that the account information was from XXXX which has been closed since such time but never mentioned the XXXX XXXX XXXX XXXX # XXXX therein such bank on numerous occasions a investor XXXX or XXXX has shown the XXXX NUMBER USDA XXXX XXXX # XXXX to be real and have been moved around within said bank that of JPMorgan Chase Bank. The investment of XXXX XXXX XXXX XXXX # XXXX states in writing that this investment is within and through XXXX XXXX Co, nothing further nor anyone else mentioned therein this agreement of XXXX. XXXX XXXX employed by XXXX XXXX and XXXX XXXX XXXX within this deal employed by XXXX XXXX, never mentioned XXXX XXXX XXXX XXXX XXXX XXXX XXXX which is now XXXX XXXX XXXX during its conversations, during meetings, nor in emails or text messages. XXXX XXXX, XXXX JPMorgan Chase received another offer to pay discharge this alleged debt in the form of a Money Order ( bond ) in its full payment in the amount of {$460000.00} plus any interest if any is allowed within both federal and state laws. Therefore no response to such payment has been given in acknowledgment within said information of XXXXreasury Direct Account information Bill Of Exchange Act 34 of XXXX [ Assented to XXXX XXXX XXXX ] [ Date Of Commencement : XXXX XXXX XXXX ] ( Afrikaans text signed by the State President ) as amended by XXXX XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX of XXXX XXXX Act XXXX of XXXX Bills of Exchange Amendment Act 56 of XXXX Act. To consolidate and amend the law relating to bills of exchange, cheques and promissory notes. XXXX. XXXX XXXX XXXX homeowner XXXX XXXX XXXX how and XXXX XXXX XXXX XXXX XXXX XXXX XXXX etc, .. XXXX XXXX XXXX XXXX XXXX XXXX FARMS MI XXXX Corporate number - XXXX Dissolved XXXX, please advise how is it possible to file a corporate title lien when this corporation was dissolved as of XXXX and agains in Michigan via Delaware as of XXXX? XXXX XXXX, XXXX company type is XXXX XXXX. XXXX XXXX assigned to this business is XXXX and state of formation is DE. This company business address is XXXX XXXX XXXX XXXX XXXX XXXX De XXXX. Mailing address is XXXX Mortgage, XXXX XXXX XXXX XXXX # XXXX XXXX XXXX Ca XXXX. You can find this business by geo coordinates : XXXX XXXX ' XXXX '' XXXX, XXXX XXXX ' XXXX '' XXXX There are no public or private records of any agents or officers of this alleged corporation and its dealings at this time. XXXX XXXX, XXXX was incorporated on Monday XXXX XXXX XXXX, so this company age is twelve years, two months and XXXX days. Current company status of this company is XXXX. XXXX XXXX, XXXX XXXX is XXXX XXXX XXXX , XXXX Of XXXX.. According to Maryland business register this business is not in good standing. Definitions 46. Notice of dishonor and effect of falter to five such notice subject to the provisions of this Act, if a bill has been dishonored by non-acceptance or by nonpayment, notice of dishonor must be given to the drawer and each endures, and any drawer of endorser to whom such notice is not given is discharged : Provided that ( a ) if a bill is dishonored by a non-acceptance, and notice of dishonor is not given, the right of the holder in due course who became such a holder subsequent to the omission, shall not be prejudiced by the omission ; ( b ) if a bill is dishonored by a non - acceptance, and due notice of dishonor is given, it shall not be necessary to give notice of a subsequent dishonor by nonpayment, unless the bill was accepted in the meantime. Proof of the existence of an account of the actual establishment of debt account but the actual Sentient human XXXX XXXX XXXX duly signed and written out by both parties and not any unilateral agreement. This would include but not limited to the actual agreement upon which the signature page has direct reference to the entire agreement XXXX XXXX XXXX is an artificial entity, a title, of the limited liability fictitious corporation which is legal trade mark, which constitutes valuable legal interest of which all right, title and interest are reserved and of which you have filed to knotty the Caretaker and acceptance agent and supply proof of claim against the limited liability corporation. Proof of claim that You XXXX XXXX or Department Of Education are the original holder in due course, of the aforementioned original debt instrument, and that it is not being un-sold to another party. A copy of the actual accounting, original ledger whereby JPMorgan Chase XXXX XXXX XXXX XXXX XXXX XXXX Funding has incurred a loss as a result of the alleged debt. An invoice ( not a Statement ), for any amount of money allegedly owed to XXXX XXXX or Department of Education XXXX XXXX XXXX for that matter has alleged. Proof of claim that there is any money in circulation is backed by anything of value, by which any debt including this one that lends to the possibility XXXX XXXX or Department of Education might get paid by way of actual money, and that the value of the attached is not sufficient to the discharge this debt under the following laws ; Fair debt collection practices act ( FDCPA ), 15 U.S.C 1692 et., 1978 Title VII of the Consumer Credit Protection Act of 1978. The Indentured Trust Act of 1939 HJR 192, 112 Statutes at large 48, and P.L., 73.10 of 1933 The securities exchange act of 1934 The fair credit reporting act public law No. 91-508 enacted in 1970 The Bankruptcy act of 1933 12 U.S.C. 411, P.L. 97-280 U.C.C. 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510 The aforementioned was done at the will of The administrator, no further solicitation for contracting will be permitted. This correspondence is produced under the full reservation of any and all secured rights, and without recourse. All patients shall be presented to the XXXX via prepaid debit card and or cashiers check only! If any attempt is made to provide payment in any other fashion and or form we must express that is must comply with title XXXX XXXX. XXXX, and XXXX statute at large chapter XXXX. Also provide these further items if associated with this matter in any fashion and or form Federal Reserve form S3 registration statement, Federal Reserve form 424 ( b ) ( 5 ) prospectus, Federal Reserve for FR 2046 balance sheet ( s ), Federal Reserve for FR 2049 balance sheet ( s ), Federal Reserve form 2099 balance sheet ( s ), The Deed Of Trust. Chain Of Custody This is al lawful request in accords with the aforementioned and the following : U.C.C. - Article 3 - Negotiable Instruments.. Part 5. Dishonor UCC 3-501. Presentment. Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. U.C.C. - Article 3 - Negotiable Instruments .. Part 5. Dishonor 3-501. Presentment. Presentment means a demeaned made by or on behalf of a person entitled to enforce an instrument ( i ) to pay the instrument made to the drawee or a party obligated to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank =, or ( ii ) to accept a draft made to the drawee. The following rules are subject to Article 4, agreement of the parties, and clearing - house rules and such the like : ( 2 ) Upon demand of the persons to whom presentment is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and ( iii ) signed a receipt on the instrument for any payment made or surrenderer the instrument in full payment is made. By refusing to supply you will be violating the law and my rights under UCC. Once Again this is not a request for a verification or proof of my mailing address, but a request for a VALIDATION made pursuant to the above named Title and Section ( as well as another laws both federal and local ). It is respectfully requested that your offices provide competent evidence that there is any legal obligation to pay in accords with the aforementioned laws. Please provide and or furnish the following : What money your say owed is ; Explain and show how your offices calculated what allegedly is owed ; Provide a certified copy of the original signed instrument that shows agreement to pay what is owed ; Provide a verification or certification copt of any judgement of applicable ; Identify the original creditor in this matter and the contractual agreement emptying your company. Proof that the statute of limitation has not expired on this account Show that your licensed to collect in the state of California Provide verification of your license number EIN and registration agent. It comes of necessity and obligation to inform you that if your offices have reported information to any of the credit agencies such action will be construed as fraud under both Federal and State Laws. Further if any negative marks are found on any portion of the credit files associated with this matter by your company or the company that you represent it will come necessary to bring legal action against you for the following : Violation of the Fair Debt Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character and may include any of the following means ; administrative reviews, SEC Hearing, Lien and or Law suit. If you and your offices are able to provide the proper documentation ( originals wet signatures and or certified copies of verified documents with signatures and a copy of check payments etc, .. and such the like of all verified documents ) as requested in the forgoing Declaration, it will revive a prompt response, however at least 45 days will be needed to investigate and review the validity of the information prove and during such time all collection activity is requested cease and desist in good faith. Further during this validation period, should any action be undertaken which could be construed as detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel and action thereafter. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in the there is no certified valid proof that is it so. Notice the XXXX Release Mortgage Assignment is title RELEASE from XXXX whom was paid by JPMorgan Chase and or XXXX XXXX XXXX to file this fraudulent document dated XXXX XXXX, XXXX, recorded XXXX XXXX, XXXX with the XXXX XXXX XXXX. This is a fraudulent document due to its nature and lack of information therein. There is no dollar amount owed, there is no date to which the third party debt collector JPMorgan Chase acquired loan, its titled RELEASE! t is believed that this loan was created in XXXX thereafter XXXX XXXX XXXX obtained investments within the Bank XXXX XXXX XXXX Co. Which is now or have been acquired by JPMorgan Chase NA as of the year XXXX. The Documents where prepared by XXXX XXXX XXXX of JPMorgan Chase Co NA she is also the alleged Secretary for MERS? As well the Beneficiary and Nominee for XXXX XXXX WaMu XXXX is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX LA XXXX phone number XXXX XXXX she prepared this fraudulent document on XXXX XXXX, XXXX, and had paid XXXX XXXX XXXX XXXX XXXX, to record it with XXXX XXXX XXXX Recorder Registrar on XXXX XXXX, XXXX. XXXX ( XXXX ) years after the alleged acquisition of XXXX Chase Bank well after again XXXX years after XXXX Mortgage was no longer in business within XXXX XXXX of XXXX XXXX and the State, Of California. This document was not mailed to the halls property thereafter the recording of this fraudulent document nor was it on record as of XXXX/XXXX/XXXX when both XXXX XXXX XXXX and XXXX XXXX XXXX visited the XXXX XXXX XXXX XXXX XXXX office. This was the first time the halls made an appearance to do a property title search since owning and living on and in their home property of XXXX XXXX XXXX XXXX XXXX CA [ XXXX ]. Now was any permission given for anyone to record such documents on the halls behalf during such time. It is also stated that XXXX XXXX XXXX alleges that XXXX XXXX XXXX and XXXX XXXX XXXX recorded alleged said deed of trust on XXXX/XXXX/XXXX. This is completely false. Further more as stated on 99 % of mortgage assignments there is an amount owed to the assignee rather on the alleged assignment there is no amount recorded. I believe its is due to no amount recorded therein there is no amount owed. Since this alleged loan was created, to avoid and hide the investment funds USDA FUNDS was CUSIP Number CUSIP # XXXX worth $ XXXX maturity date XXXX XXXX, XXXX, originated XXXX XXXX. The final maturity date for this investment is XXXX XXXX, XXXX. Therefore XXXX XXXX XXXX XXXX XXXX XXXX XXXX owner and CEO of XXXX XXXX XXXX XXXX XXXX XXXX XXXX is the only recipient of said funds. Therefore the issue at hand is the alleged mortgage loan created documents, DEED Title instrument used to create illusion of the actual funds of XXXX NUMBER CUSIP # XXXX. This is the issue at hand. More over we have emails from JPMorgan Chase that indicates other forgeries that of family members and former friends or associates. The documents are doctored up some are newly created and are nothing but a false representation of banking should be to and for the people. The fraudulent mortgage assignment was created 10 years after JPMorgan Chase Bank alleges to have acquired the note from XXXX Mortgage XXXX XXXX XXXX XXXX Funding thereafter alleged acquisition by WaMu. JPMorgan also contradicts itself by stating that they acquired the loan from WaMu XXXX XXXX a letter sent XXXX XXXX, and again in XXXX XXXX in form of another letter this year XXXX XXXX. THE LAW ON THE BILL OF EXCHANGE ACT - Bill Of Exchange Act 34 of 1964 [ Assented to 11 May 1964 ] [ Date Of Commencement : 15 May 1964 ] ( Afrikaans text signed by the State President ) as amended by Suretyship Amendment Act 57 of 1971 Bills of Exchange Amendment Act 58 of 1977 Finance Act 77 of 1986 Bills of Exchange Amendment Act 56 of 2000 Act. To consolidate and amend the law relating to bills of exchange, cheques and promissory notes. XXXX. XXXX XXXX XXXX homeowner XXXX XXXX XXXX how and XXXX XXXX XXXX Nominee Secretary Beneficiary MERS etc, XXXX XXXX XXXX XXXX XXXX XXXX XXXX FARMS MI XXXX Corporate number - XXXX Dissolved XXXX, please advise how is it possible to file a corporate title lien when this corporation was dissolved as of XXXX and agains in Michigan via Delaware as of XXXX? XXXX XXXX, XXXX company type is XXXX XXXX. XXXX XXXX assigned to this business is XXXX and state of formation is DE. This company business address is XXXX XXXX XXXX XXXX XXXX XXXX De XXXX. Mailing address is XXXX Mortgage, XXXX XXXX XXXX XXXX # XXXX XXXX XXXX Ca XXXX. You can find this business by geo coordinates : 39 9 ' 28.7 '' N, 75 31 ' 19.3 '' W. There are no public or private records of any agents or officers of this alleged corporation and its dealings at this time. XXXX XXXX, XXXX was incorporated on Monday XXXX XXXX XXXX, so this company age is XXXX years, XXXX months and XXXX days. Current company status of this company is XXXX. XXXX XXXX, XXXX XXXX is XXXX XXXX XXXX XXXX XXXX Of XXXX According to Maryland business register this business is not in good standing. Definitions 46. Notice of dishonor and effect of falter to five such notice subject to the provisions of this Act, if a bill has been dishonored by non-acceptance or by nonpayment, notice of dishonor must be given to the drawer and each endures, and any drawer of endorser to whom such notice is not given is discharged : Provided that ( a ) if a bill is dishonored by a non-acceptance, and notice of dishonor is not given, the right of the holder in due course who became such a holder subsequent to the omission, shall not be prejudiced by the omission ; ( b ) if a bill is dishonored by a non - acceptance, and due notice of dishonor is given, it shall not be necessary to give notice of a subsequent dishonor by nonpayment, unless the bill was accepted in the meantime. Proof of the existence of an account of the actual establishment of debt account but the actual Sentient human XXXX XXXX XXXX and that of XXXX XXXX XXXX duly signed and written out by both parties and not any unilateral agreement. This would include but not limited to the actual agreement upon which the signature page has direct reference to the entire agreement XXXX XXXX XXXX and XXXX XXXX XXXX is an artificial entity, a title, of the limited liability fictitious corporation which is legal trade mark, which constitutes valuable legal interest of which all right, title and interest are reserved and of which you have filed to knotty the Caretaker and acceptance agent and supply proof of claim against the limited liability corporation. Proof of claim that You JPMorgan Chase Bank NA Mortgage Co are the original holder in due course, of the aforementioned original debt instrument, and that it is not being un-sold to another party. A copy of the actual accounting, original ledger whereby JPMorgan Chase Bank NA and XXXX Mortgage XXXX XXXX XXXX XXXX Funding has incurred a loss as a result of the alleged debt. An invoice ( not a Statement ), for any amount of money allegedly owed to JPMorgan Chase NA XXXX XXXX XXXX or XXXX XXXX XXXX for that matter has alleged. Proof of claim that there is any money in circulation is backed by anything of value, by which any debt including this one that lends to the possibility XXXX XXXX or Department of Education might get paid by way of actual money, and that the value of the attached is not sufficient to the discharge this debt under the following laws ; Fair debt collection practices act ( FDCPA ), 15 U.S.C 1692 et., 1978 Title VII of the Consumer Credit Protection Act of 1978. The Indentured Trust Act of 1939 HJR 192, 112 Statutes at large 48, and P.L., 73.10 of 1933 The securities exchange act of 1934 The fair credit reporting act public law No. 91-508 enacted in 1970 The Bankruptcy act of 1933 12 U.S.C. 411, P.L. 97-280 U.C.C. 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510 The aforementioned was done at the will of The administrator, no further solicitation for contracting will be permitted. This correspondence is produced under the full reservation of any and all secured rights, and without recourse. All patients shall be presented to the Estate via prepaid debit card and or cashiers check only! If any attempt is made to provide payment in any other fashion and or form we must express that is must comply with title 12 U.S.C. 411, and 112 statute at large chapter 48. Also provide these further items if associated with this matter in any fashion and or form Federal Reserve form S3 registration statement, Federal Reserve form 424 ( b ) ( 5 ) prospectus, Federal Reserve for FR 2046 balance sheet ( s ), Federal Reserve for FR 2049 balance sheet ( s ), Federal Reserve form 2099 balance sheet ( s ), The Deed Of Trust. Chain Of Custody This is al lawful request in accords with the aforementioned and the following : U.C.C. - Article XXXX - Negotiable Instruments.. Part 5. Dishonor UCC 3-501. Presentment. Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. U.C.C. - Article 3 - Negotiable Instruments .. Part 5. Dishonor 3-501. Presentment. Presentment means a demeaned made by or on behalf of a person entitled to enforce an instrument ( i ) to pay the instrument made to the drawee or a party obligated to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank =, or ( ii ) to accept a draft made to the drawee. The following rules are subject to Article 4, agreement of the parties, and clearing - house rules and such the like : ( 2 ) Upon demand of the persons to whom presentment is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and ( iii ) signed a receipt on the instrument for any payment made or surrenderer the instrument in full payment is made. By refusing to supply you will be violating the law and my rights under UCC. Once Again this is not a request for a verification or proof of my mailing address, but a request for a VALIDATION made pursuant to the above named Title and Section ( as well as another laws both federal and local ). It is respectfully requested that your offices provide competent evidence that there is any legal obligation to pay in accords with the aforementioned laws. Please provide and or furnish the following : What money your say owed is ; Explain and show how your offices calculated what allegedly is owed ; Provide a certified copy of the original signed instrument that shows agreement to pay what is owed ; Provide a verification or certification copt of any judgement of applicable ; Identify the original creditor in this matter and the contractual agreement emptying your company. Proof that the statute of limitation has not expired on this account Show that your licensed to collect in the state of California Provide verification of your license number EIN and registration agent. It comes of necessity and obligation to inform you that if your offices have reported information to any of the credit agencies such action will be construed as fraud under both Federal and State Laws. Further if any negative marks are found on any portion of the credit files associated with this matter by your company or the company that you represent it will come necessary to bring legal action against you for the following : Violation of the Fair Debt Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character and may include any of the following means ; administrative reviews, SEC Hearing, Lien and or Law suit. If you and your offices are able to provide the proper documentation ( originals wet signatures and or certified copies of verified documents with signatures and a copy of check payments etc, .. and such the like of all verified documents ) as requested in the forgoing Declaration, it will reviv
07/18/2017 Yes
  • Mortgage
  • Other type of mortgage
  • Closing on a mortgage
  • FL
  • 32952
Web
I was given a mortgage I did not qualify nor understand. I was made to move my securities from XXXX XXXX to Merrill lynch/ Boa. My urla was fabricated to make me qualify. I suspect I was a victim of robo signing. I was too ill from all the stresses to understand, I was unsophisticated and not an investor and did not ever get a mortgage myself ( my x did all our financial dealings ). I went to professionals and expected them to be honest and take care of their fiduciary responsible it me and my children. THEY DID NOT! They gave me a jumbo interest only 6.75 % mortgage, AND I paid the insurance and taxes!! No government program would help me for the parameters they had me placed into! I could get no one to help! My children 's account are lost. My IRA. My only securities! I WAS TOLD TO SIGN A PAPER, THE FOLLOWING YEAR AFTER THE MORTGAGE WAS CREATED, A PAPER THAT SAID I UNDERSTOOD MORTGAGING MY HOME AND INVESTING THE MONEY IN THE MARKET WA NOT ADVISED!! I UNDERSTOOD NONE OF THIS AND WAS NOT TOLD THIS, THIS DOCUMENT HAD TO BE EXPLAINED TO ME YEARS LATER. I JUST SIGNED WHAT THEY TOLD ME TO SIGN BACK THEN, I WAS TOO ILL TO KNOW BETTER. I DID WHAT THEY TOLD ME I NEEDED TO DO. I HAD TOTALLY TRUSTED THE MORTGAGE PERSONS, AND THE INVESTORS! I UNDERSTOOD NOTHING AT THIS TIME, AND RELIED ON THESE PROFESSIONALS! EVERYTHING DONE TO ME HAD THE OPPOSITE AND WORST EFFECTS POSSIBLE. I made it known I never worked, was 3 times abused and hospitalized, in a violent divorce, and under counseling AND GOT A XXXX WAS ON MEDICATION AND HAD TO WEAR BRACES ON MY TEETH FOR THE LAST BATTERY. I had XXXX small children at the time that I had to take care of by myself. I was told the female mortgage person that was helping me, and also divorcing that she totally understood my situation. I never worked and had no income. My x was mostly not paying, and hardly did. I had a judgment, I could never collect. HE STILL IS NOT PAYING! The boa urla person I spoke to on the phone in the mortgage person 's office, did not sign the urla and was named XXXX XXXX I spoke to him only by phone once ; the bank double my securities value, my home appraisal value and said I earned $ XXXX a month, and that i was worth {$5.00} million. All not true. They were going to create an income from the mortgage money invested by them in Merrill lynch/ BOA and my original portfolio once liquidated to have enough income to pay all my bills and mortgage. This did not work and the opposite actually occurred. And, the capital gains from the sale of my portfolio almost killed me, and I as told it was not going to be much! it took me years to pay off! I was never allowed to refi or modify no matter how many times I tried, they always lost my paperwork OR made me start over! And, never helped me at all. I got extremely ill for all the XXXX , this financial blunder and ruination of my life. I eventually ran out of money for the situation I was placed into by the mortgage and liquidation of my original portfolio and the purchase of bad securities. And, my children 's accounts were used as my assets, and theirs were also lost. I even got a call from one of the BOA refi persons at boa that she was quitting because boa gave no one the ability to refi or modify. Please, look at all my details and documents. any professional who sees my case tells me that they had never seen this much abuse before! I need help from this bank and the incredible abuse I have had to endure. They did performed many illegalities to have me qualify a mortgage I did not, and had me invest the proceed into the market illegally and had me liquidate my original portfolio for no reason except to be able to reinvest and make more money off of me. They front end loaded the commissions and bought me unsuitable investments. I was bankrupted with the XXXX , XXXX XXXX and XXXX they purchased! They made it necessary for me to have to sell off just to be able to live and pay my bills for me and my XXXX children. I have truly lived a nightmare for all these people did to me and my children!! I have zero social security ad zero retirement, I made all that known, my children money is gone now too for all of this. I went to the back and securities professionals for help and has financially annulated! It ruined our lives! I need help and these evil, greedy people need to be punished. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- XXXX XXXX XXXX Claimant, v. BANC OF AMERICA INVESTMENT SERVICES, INC., ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX XXXX ; and XXXX XXXX XXXX ( CRD # XXXX ) Respondents. STATEMENT OF CLAIM XXXX XXXX XXXX , Claimant, makes this claim for compensation for losses arising from the Respondents recommendations of unsuitable securities transactions. Respondents breached their respective fiduciary duties, committed acts of securities fraud, negligence and misrepresentation by recommending and executing an investment strategy in which the Respondents arranged for the claimant, an unemployed mother of XXXX minor children, to take out a {$650000.00} home equity loan and invest the proceeds, on margin, in highly speculative and unsuitable equities, causing her to suffer financial losses. Claimant hereby demands arbitration of her claims against Banc of America Investment Services , Inc., ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; XXXX XXXX XXXX ( CRD # XXXX ) ; and XXXX XXXX XXXX XXXX . ( CRD # XXXX ), ( Respondents ) based upon transactions in account number XXXX maintained with Respondent Banc of America Investment Services , Inc. Claimant requests that the arbitration hearing be held in XXXX , Fl. I. PARTIES Claimant XXXX XXXX XXXX is a XXXX year old unemployed, divorced mother of XXXX minor children living in XXXX XXXX , Florida. Respondent Banc of America Investment Services , Inc. is a broker dealer member of FINRA based in XXXX , Massachusetts. Respondents XXXX XXXX XXXX and XXXX XXXX XXXX are registered representatives of Respondent Banc of America Investment Services , Inc, in XXXX , Florida. Respondent XXXX XXXX XXXX , at the times relevant to this Statement of Claim, was a registered representative of Respondent Banc of America Investment Services , Inc., and was also a Vice President and Client Manager with the Premier Banking and Investments program of the Bank of America, N.A. Respondent XXXX XXXX XXXX XXXX . is a broker dealer member of FINRA based in XXXX , TX. Respondent XXXX XXXX XXXX is a registered representative of Respondent XXXX XXXX XXXX XXXX ., who, at all relevant times lived and had his office in XXXX XXXX , Fl. II. FACTUAL BACKGROUND By the summer of XX/XX/XXXX , the Claimants protracted divorce proceedings left her with the sole ownership of an unencumbered residence on XXXX XXXX , Florida, valued at about 1.2 million dollars, as well as sole ownership of a XXXX XXXX investment account. The investment account contained about {$870000.00} in securities, with about {$390000.00} in margin debt, for a net value of about {$480000.00}. Each of these assets had been previously jointly owned by Claimant and her ex-husband. The Claimants ex-husband had been ordered to pay her alimony and child support and to pay off the margin debt on the investment account ; however, he was not making those payments. The Claimants immediate financial problems were XXXX fold. She had to support herself and XXXX minor children, but had no income other than the earning from her investment account. She was forced to make withdrawals from her available margin to meet her living expenses, a practice she knew had to stop. The Claimant had been a homemaker during most of her twenty-two year marriage and had never developed marketable job skills. Secondly, the Claimant had no idea how to manage the investment account ; it had been assembled and monitored during the course of her marriage by her financially sophisticated in-laws. She had no investment experience or knowledge and was desperate, even frantic, to find a solution to her financial problems. The constant pressure of her financial and legal problems made her physically ill and emotionally exhausted. It was at this point that Respondent Grant presented himself as the solution to the Claimants financial woes. Describing himself to her as a financial Wizard, he asserted that his credentials and experience in the securities industry, particularly his position as Managing Director, Corporate Syndicate, Structured Products with Respondent XXXX XXXX XXXX XXXX , gave him the ability to assist the Claimant in dealing with her financial difficulties. He advised the Claimant that he managed the investments of a small number of people, including some relatives, with great success. Respondent Grant described the Claimants financial position to her as being too long real estate, a situation that should be corrected by mortgaging the residence and investing the proceeds in the stock market. Respondent Grant assured the Claimant that the mortgage proceeds could be invested so as to provide a return sufficient to pay all of Claimants monthly expenses, including a mortgage payment. Claimant met with Respondent Buchanan and opened a margin brokerage account and money manager account with Respondent Banc of America Investment Services in XX/XX/XXXX , at their XXXX XXXX office. Respondents XXXX and XXXX acted as Financial Advisor and investment consultants on the account. Claimants XXXX XXXX account was then transferred to Respondent Banc of America Investment Services. At that time that account had assets of about {$810000.00}, margin debt of {$270000.00} for a net value of {$520000.00}. Each of the Respondents recommended that the Claimant mortgage her residence and speculate with the proceeds in a margin account. In XX/XX/XXXX , Respondent Grant arranged with Respondent Harber for the Claimant to receive a {$650000.00} loan from the Bank of America, secured by the Claimants residence. The loan required interest-only payments of {$3700.00} for ten years before switching to a principle and interest repayment schedule. The loan proceeds were immediately deposited into the Banc of America Investment Services , Inc., brokerage account. The margin debt was paid, leaving an account value of about {>= $1,000,000} ( of course, even though the margin debt was paid, the home equity loan of {$650000.00} was still owed and demanding interest payments of {$3700.00} every month. ) Each of the respondents, either directly or vicariously, asserted to the claimant that they could engineer a rate of return in her Banc of America Investment Services , Inc., investment account sufficient repay the mortgage and to support the claimant and her children. To earn this rate of return the Respondents then recommended that the existing equities in the portfolio be liquidated and other, more speculative equities be purchased. They assured Claimant that her tax consequences from such a liquidation would be minimal. The actual tax consequences were far from minimal ; the sales caused Claimant to incur a tax liability to the IRS of almost {$45000.00}, a bill she was unable to pay and on which she continues to make monthly payments. The transition to a more aggressive speculative portfolio continued, and after a period of brief success, asset value of the portfolio began a precipitous decline. Eventually the portfolio included such highly speculative investments as preferred shares of XXXX XXXX e, ( {$50000.00} invested ) ; XXXX XXXX ( {$50000.00} invested ), and XXXX XXXX ( {$100000.00} invested ), all of which became practically worthless. Respondents misrepresented the risk associated with the XXXX XXXX and XXXX XXXX investments by assuring the Claimant that the Federal government would stand behind those issues. A more complete description and analysis of these and other speculative investments will be presented at the arbitration hearing. At no time did any of the Respondents explain to the Claimant the risks she was undertaking, that she was risking not only her investment account, but her home as well. Respondents misrepresented the risk associated with the Claimants investments by assuring her of the viability of their investment scheme and by continuing to recommend speculative investments to her. The Respondents assurances of an investment return sufficient to support the Claimant and her children never materialized. Claimant was forced to repeatedly draw upon her margin account to meet her expenses, a predictable and disastrous consequence of the Respondents plan of action. The Claimant sank deeper into debt as her portfolio value decreased and the value of her now mortgaged house plummeted. Claimant recognized from the beginning that she lacked the background, experience and investment knowledge to make intelligent informed decisions about her investments. She knew she needed help with her financial affairs. She relied completely upon Respondents Grant, Gear, XXXX XXXX XXXX and their professed expertise. On several occasions when the Claimant asked if she should obtain other financial advice, she was assured that that was not necessary, that the Respondents would take proper care of her. III. CLAIM The investment strategy crafted by the collective actions of each of the Respondents was fatally flawed on two levels. All of the investments made by the Respondents are tainted with the fundamental and underlying unsuitability of using a home equity loan to fund stock market speculation. The recommendation to mortgage the house and speculate with the proceeds and the misrepresentation of the risks associated with that strategy are a breach of fiduciary duty, negligent, breach of contract, violations of state and federal law, and violations of FINRA/NASD Rules. XXXX XXXX , then NASD Vice XXXX , and President, Regulatory Policy and Oversight, in a speech to Security Industry Association Compliance and Legal Conference on XX/XX/XXXX , page 7 of 8, might have had the Claimants situation in mind when she stated : " So, I will go out on a limb here and say that 99 % of the time, a recommendation that an investor mortgage his or her home in order to speculate in the securities market- IS UNSUITABLE- and subject to potential enforcement action. We brought three enforcement cases last week against individual brokers for making unsuitable recommendations that included convincing clients to mortgage their houses. '' [ Emphasis in original. ] Respondents ignored the cautions of XX/XX/XXXX : As noted above, investing liquefied home equity presents unique risks and also may present conflicts. XX/XX/XXXX believes members should ensure that their supervisory systems address these risks and conflicts. Firms that recommend or facilitate investments of liquefied home equity should consider the extent to which customers are adequately informed of the risks and conflicts of such a strategy. XX/XX/XXXX has previously developed risk disclosure statements for certain other trading strategies, such as margin and day trading accounts. Although XX/XX/XXXX is not proposing a specific, standardized risk disclosure document, XX/XX/XXXX believes members recommending investments of liquefied home equity should pay particular attention to providing investors with adequate risk disclosure. Among the risks and conflicts of investing liquefied home equity are : ( 1 ) the potential loss of ones home ; ( 2 ) the fact that unlike other potential lenders, the member has an interest in having the proceeds of the loan used for investments that may generate commissions, mark-ups of fees for the member ; ( 3 ) the member or its affiliate may earn fees in connection with originating the loan ; ( 4 ) the impact of liquefied home equity on the ability to refinance a home mortgage ; and ( 5 ) depending on the amount of home equity liquefied and any change in home value, the homeowner may have negative equity in his or her home. Members should also pay particular attention to their sales materials and oral presentations concerning investments of liquefied home equity. XX/XX/XXXX reminds its members that the promotion of liquefying home equity must be fair and balanced, and must address the associated risks. For example is a member presents a scenario in which the investment returns from liquefied equity will be sufficient to pay the costs of accessing such capital, the member should highlight the risk that such returns may not be achieved and that the customer may have to access additional sources of funding to pay the mortgage or equity line of credit or risk foreclosure. Respondents repeatedly assured the claimed that if she trusted their expertise they would manage her portfolio so that it would earn enough to pay the mortgage costs and all of her living expenses. The risks described in XXXX XXXX XXXX were not a real danger in the eyes of the respondents, because their expertise would lead the claimant through those risks to financial success, if only she would trust them. Of course, her trust was not rewarded with financial success, rather the portfolio lost hundreds of thousands of dollars, as will be shown at the hearing on this matter. These losses were made all the more devastating to the claimant as the value of her house plummeted to where its sale would probably not yield enough to pay off the mortgage. The unsuitability of using liquefied home equity for speculation on margin was compounded when the respondents dumped the existing portfolio of dividend producing income stocks in favor of much more speculative equities, including but not limited to, the XXXX XXXX , XXXX XXXX and XXXX XXXX issues described above. The respondents constructed a portfolio of nearly 100 % equities for the claimant, putting her entire net worth at risk in the market. Each respondent had non delegable fiduciary responsibilities to Claimant and each were bound by Florida and Federal law, and by XXXX Rules to not make unsuitable investment recommendations and to not misrepresent the risks associated with the recommended investments. The Respondents each breached this fiduciary duty and recommended unsuitable investments to an unemployed mother of two minor children so that almost all of her net worth be speculatively invested on margin ; a recommendation that caused the claimant to suffer losses. The Respondents each had a fiduciary duty to exercise the utmost good faith and loyalty in their dealings with Claimant. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX ( 11th Cir. 1987 ) ; T XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 11th Cir. 1983 ). Indeed, according to the SEC, securities brokers have a fiduciary obligation to their customers under both the common law rules of agency and the rules of the XXXX and XXXX . See, In re XXXX XXXX XXXX XXXX XXXX , Exchange Act Release No XXXX XXXX XXXX 1988-89 Transfer Binder ] Fed. Sec. L.Rep. ( CCH ) 84,303 ( XX/XX/XXXX ) ( The concept of just and equitable principles of trade embodies basic fiduciary responsibilities .... ). According to the Eleventh Circuit Court of Appeals, the fiduciary responsibilities of a broker include : 1. The duty to recommend a stock only after studying it sufficiently to become informed as to its nature, price and financial prognosis ; 2. The duty to carry out the customers orders promptly and in a manner best suited to serve the customers interests ; 3. The duty to inform the customer of the risks involved in purchasing or selling a particular security ; 4. The duty to refrain from self-dealing ; 5. The duty not to misrepresent any material fact to the transaction ; and 6. The duty to transact business only after obtaining prior authorization. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ., XXXX XXXX XXXX XXXX XXXX ( 11th Cir. 1987 ) ( quoting Lieb v. Merrill Lynch, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( E.D. Mich. 1978 ) ). Part of that fiduciary duty is the well-recognized obligation of a broker to have a reasonable basis for each recommendation he makes. According to the SEC, the making of recommendations for the purchase of a security implies that the dealer has a reasonable basis for such recommendation, which, in turn, implies that, as a prerequisite, he shall have made a reasonable investigation. SEC Securities Act Release No. XXXX ( XX/XX/XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX ( 2d Cir. 1969 ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 9th Cir. 1980 ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( S.D.N.Y. 1993 ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( E.D. Pa. 1993 ). Respondents breached their fiduciary duty to the Claimant by failing to have a reasonable basis for recommending liquefying the claimants home equity, selling off her existing portfolio of blue chip securities, and using all of the proceeds to buy speculative equities. The respondents claim that they could cause the portfolio to earn enough to pay the mortgage and support the claimant and her family would have required an immediate and consistent after-tax return of more than 10 %. There was no reasonable basis for such a claim. The respondents not only claimed the ability to meet this goal, they also failed to advise the claimant that there was a high probability that they would not meet that goal, and that failure to meet the goal could cause the claimant to loss her portfolio as well as her home. The rules of the self-regulatory organizations such as the XXXX and the XXXX set out general standards of industry conduct and are evidence of the standard of care by which brokers must abide in dealing with their clients. In re XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [ 1988-89 Transfer Binder ] Fed. Sec. L. Rep. ( CCH ) XXXX ( XX/XX/XXXX ). See also XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 5th Cir. Unit A, 1981 ) ( industry rules are excellent tools against which to assess in part the reasonableness or excessiveness of a brokers handling of an investors account ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( N.D. Tex. 1976 ) ( violations of industry rules and practices give rise to common law claim for negligence ). Thus, violations of industry rules can be evidence of breach of fiduciary duty, negligence, common law fraud, securities fraud, breach of contract, and failure to supervise. Respondents, as members of the XXXX , are subject to Conduct Rules, and as such, were obligated to provide services to Claimant in conformity with those Rules. However, by the conduct outlined above, Respondents failed to abide by industry rules, including the following : a ) NASD Conduct Rule 2110 ( members shall observe high standards of commercial honor and just and equitable principles of trade ) ; b ) NASD Conduct Rule 2310 ( suitability ) ; c ) NASD Conduct Rule 2120 ( prohibition of the use of any manipulative, deceptive or other fraudulent device or contrivance ) ; and d ) NASD Conduct Rule 3010 ( supervision ). Respondents had a duty to know the securities they were recommending for Claimants account and to reasonably believe that those transactions were suitable for the Claimant. According to the SEC, the making of a recommendation for the purchase of a security implies that the dealer has a reasonable basis for such recommendation, which, in turn, requires that, as a prerequisite, he shall have made a reasonable investigation. XXXX XXXX XXXX XXXX XXXX XXXX ( Feb. 2, 1962 ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ; In re XXXX XXXX XXXX [ 1983-1984 Transfer Binder ] Fed . Sec. L. Rep. ( CCH ) 83,459 ( SEC 1983 ). Where unsuitable recommendations are made, or unsuitable securities are purchased, this duty is breached. Likewise, making unfounded statements or failing to disclose negative material facts to a customer constitutes a violation of these industry rules. Measured against these rules as a standard of a broker dealers duty to its customer, the Respondent was at a minimum negligent in the performance of its duties to the Claimant and Claimant is entitled to damages for this negligence. Respondents Banc of America Investment Services , Inc., and XXXX XXXX XXXX XXXX ., each had a statutory and common law duty to exercise reasonable supervision over their respective registered representatives and the securities they recommended including those recommended to the Claimants. Reasonable supervision would have detected the fact that the Claimants account was 100 % invested and over-concentrated in speculative securities, funded with liquefied home equity and thereby needlessly exposed to excessive and unacceptable risk. Any investigation would have revealed that the investments were sold to the claimant on the basis of misrepresentations and omissions of material facts about the risks of the investments. In addition to liability for its own failure to supervise and liability as a statutory control person of Claimants sales representative, Respondents Banc of America Investment Services , Inc., and XXXX XXXX XXXX XXXX , are also vicariously liable for the acts and omissions of its employees and agents under the doctrine of respondeat superior. In the Matter of XXXX XXXX XXXX XXXX XXXX XXXX . ; SEC Release No. XXXX ; Admin. Proc. No. XXXX XXXX XX/XX/XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( M.D. Fla. 2003 ) ; XXXX XXXX XXXX XXXX XXXX XXXX . v. XXXX XXXX XXXX XXXX XXXX XXXX ( S.D. Fla. 1990 ). The recommendation of unsuitable investments or the giving of unsuitable investment advice constitutes fraud under Florida law. XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX ( Fla. 1st DCA 1990 ). Mere negligence in the giving of investment advice constitutes both statutory and common law fraud in Florida. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fla. 3rd DCA 2001 ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 11th Cir. 1985 ). Proof of loss causation is not required in civil securities proceeding under sections 517.211 and 517.301 Florida Statutes. E.F. XXXX XXXX XXXX XXXX XXXX , 537 So. 2d. 978 ( Fla. 1989 ). Misrepresenting and omitting material facts about investments also constitute violations of Chapter 517. Under Florida law, it is not necessary for the Claimant to prove scienter ( intent ), causation or reliance. Merrill Lynch v XXXX XXXX XXXX XXXX XXXX XXXX ( Fla. 3rd DCA 1975 ) ; XXXX XXXX XXXX XXXX XXXX . ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( S.D. Fla. 1990 ). Claimant is therefore entitled to rescind the purchases of investments from the Respondent. Section 517.211 ( 1 ) Fla. Stat. IV. DAMAGES The Florida Investor Protection Act, in Sections 517.211 ( 3 ) through ( 6 ), specifies the legal remedy for a violation of the investor protection provisions of Chapter 517. Where the securities have not been sold, the investor is entitled to a refund of the purchase price, plus interest at the legal rate provided in Section 55.03 Fla. Stat., less any interest received on the investment. Section 517.211 ( 3 ) ( a ) Fla. Stat., XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 11th Cir. 1990 ). Moreover, Respondent is not entitled to offset losses from transactions which violate Chapter 517 with interest, dividends or profits from other transactions in the account. XXXX XXXX XXXX XXXX XXXX supra. When a Chapte r 517 vi olation is found, Florida and federal courts agree that statutory damages under Chapter 517 Section 211 are automatic and mandatory, with no discretion left to judges, jurors or arbitrators to fashion a remedy. Florida Statutes Section 517.301, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 11th Cir. 1992 ), XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fla. 1991 ). Likewise, a prevailing party under Chapter 517 is entitled to attorneys fees unless the awarding of fees would be unjust. Section 517.211 ( 6 ) Fla. Stat. ; XXXX XXXX XXXX XXXX XXXX , 7 XXXX XXXX XXXX XXXX XXXX ( Fla. 5th DCA 1999 ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fla. 2001 ). Since the Claimant still holds some of the securities in her account, she is entitled to rescind the purchase transactions and recover the purchase price paid for them less any income received on them. The Claimant is also entitled to an award of interest at the statutory rate as well as the refunding of interest that she has paid the Respondent for the margin loan. The Claimant is also entitled to an award of punitive damages under the Florida law of common law fraud and breach of fiduciary duty. Finally, the Claimant is entitled to recover hers attorneys fees incurred in this arbitration. Claimant therefore requests that the panel award her the following relief : 1. statutory rescission, including the rescission of the entire {$650000.00} home equity loan deposited in her account, and the rescission of the unsuitable transactions in the account involving assets in the account other than the liquefied home equity loan proceeds. In connection with Claimants request for rescission, the Claimant hereby tenders to the Respondent all relevant investments in her account ; 2. disgorgement of all commissions and fees paid to the Respondent ; 3. other compensatory damages in such amount as the arbitrators shall determine ; 4. all of Claimants costs, expenses and disbursements in pursuing this arbitration ; 5. full reimbursement of all filing, forum fees and hearing fees ; 6. Claimants reasonable attorneys fees, with such amount to be determined by a court of competent jurisdiction in a confirmation proceeding following an Award by the panel in this matter pursuant to the Florida Arbitration Code, Fla. Stat. Section 682.01 et. seq., and as mandated by the appellate courts of the State of Florida ; 7. a finding that the Respondent committed violations of Florida Stat. Chapter 517 ; 8. pre-judgment and post-judgment interest until any award is paid ; 9. return on Claimants account calculated as if handled with her stated investment objectives ; and 10. such other and further relief, including but not limited to punitive damages, as the arbitrators deem just and proper in the circumstances.
02/16/2019 Yes
  • Credit reporting, credit repair services, or other personal consumer reports
  • Credit reporting
  • Incorrect information on your report
  • Account status incorrect
  • NY
  • 14228
Web
See False Credit Report showing false Account false phone number of ( XXXX ) XXXX and ( XXXX ) XXXX! Where did this come from?? This issue has been going on for several years with this credit reporting agency they keep on leaving false inaccurate information on my credit report stopping me from getting a mortgage for my home, so I must continually rent causing serious damage to me and my family. what's so amazing about this is that after several conversations on the phone talking to representatives in XXXX Pennsylvania they completely absolutely refuse to look into why this is on the credit report there is no Full disclosure there's no reasons why this is on my credit report there's no written contract there's no sign signatures there's no consent or agreement or anything and they keep leaving on XXXX XXXX XXXX on XXXX credit report that's been going on for almost 4 years! The account is listed as charged off date open on XX/XX/XXXX and closed on XX/XX/XXXX! There is absolutely zero evidence that any of this is true I think they keep it on your credit report to make money for the merchants, so you have a lower credit score to harm the consumer! once again I have never had any type of business with XXXX XXXX XXXX somewhere in XXXX Ohio I live nowhere near XXXX Ohio I have no written contract with them I have no written receipts with them I have no credit line I have nothing with this company and Unfortunately this credit reporting agency completely refuses to validate and verify any of the false information it's fraudulent and everybody should be indicted and sent to prison for a long time for their fraud! FALSE INFORMATION FILED BY : XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, OH XXXX ( XXXX ) XXXX XXXX. THEY HAVE NEVER LOAN ME NOR MY FAMILY A XXXX PENNY!!!! ITS A LARGE CARTEL!!!! CRIMES BY CXXXX XXXX XXXX! 18 USC 215 - Receipt of commissions or gifts for procuring loans ( a ) Whoever ( 1 ) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution ; or ( 2 ) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution ; shall be fined not more than {>= $1,000,000} or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed {$1000.00}, shall be fined under this title or imprisoned not more than one year, or both. [ ( b ) Transferred ] ( c ) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. ( d ) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public. 18 USC 241 - Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined under this title or imprisoned not more than ten years, or both ; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. 18 USC 656 - Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities in trusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks ; insured bank includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act. 18 USC 657 - Lending, credit and insurance institutions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency , Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of 1994, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or willfully misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise in trusted to its care, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company ; or Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree ; or Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System ; or Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives ( directly or indirectly ) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution. Shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks ; insured bank includes any state bank , banking association , trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 ( w ) ( 1 ) of the Federal Deposit Insurance Act. 18 USC 1006 - Federal credit institution entries, reports and transactions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency , Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institution, or association, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 18 USC 1007 - Federal Deposit Insurance Corporation transactions Whoever, for influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 18 USC 1014 - Loan and credit applications generally ; renewals and discounts ; crop insurance Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Federal Housing Administration, the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association , agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ), or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation,, [ 1 ] any Federal home loan bank, the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, a branch or agency of a foreign bank ( as such terms are defined in paragraphs ( 1 ) and ( 3 ) of section 1 ( b ) of the International Banking Act of 1978 ), an organization operating under section 25 or section 25 ( a ) [ 2 ] of the Federal Reserve Act, or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, loan, or insurance agreement or application for insurance or a guarantee, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. The term State-chartered credit union includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. 18 USC 656 - Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities in trusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks ; insured bank includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act. 18 USC 657 - Lending, credit and insurance institutions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency , Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of 1994, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or willfully misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise in trusted to its care, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company ; or Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree ; or Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System ; or Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives ( directly or indirectly ) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution. Shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks ; insured bank includes any state bank , banking association , trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 ( w ) ( 1 ) of the Federal Deposit Insurance Act. 18 USC 1006 - Federal credit institution entries, reports and transactions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency , Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institution, or association, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 18 USC 1007 - Federal Deposit Insurance Corporation transactions Whoever, for influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 18 USC 1014 - Loan and credit applications generally ; renewals and discounts ; crop insurance Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Federal Housing Administration, the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association , agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ), or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation,, [ 1 ] any Federal home loan bank, the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, a branch or agency of a foreign bank ( as such terms are defined in paragraphs ( 1 ) and ( 3 ) of section 1 ( b ) of the International Banking Act of 1978 ), an organization operating under section 25 or section 25 ( a ) [ 2 ] of the Federal Reserve Act, or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, loan, or insurance agreement or application for insurance or a guarantee, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. The term State-chartered credit union includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. 18 USC 1021 - Title records Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both. 18 USC 1032 - Concealment of assets from conservator, receiver, or liquidating agent Whoever ( 1 ) knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporations corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13 of the Federal Deposit Insurance Act, any conservator appointed by the Comptroller of the Currency, the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the National Credit Union Administration Board, acting as conservator or liquidating agent ; ( 2 ) corruptly impedes or endeavors to impede the functions of such Corporation, Board, or conservator ; or ( 3 ) corruptly places or endeavors to place an asset or property beyond the reach of such Corporation, Board, or conservator, shall be fined under this title or imprisoned not more than 5 years, or both. 18 USC 1033 - Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce ( a ) ( 1 ) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security ( A ) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such person, and ( B ) for influencing the actions of such official or agency or such an appointed agent or examiner, shall be punished as provided in paragraph ( 2 ). ( 2 ) The punishment for an offense under paragraph ( 1 ) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court. ( b ) ( 1 ) Whoever ( A ) acting as, or being an officer, director, agent, or employee of, any person engaged in the business of insurance whose activities affect interstate commerce, or ( B ) is engaged in the business of insurance whose activities affect interstate commerce or is involved ( other than as an insured or beneficiary under a policy of insurance ) in a transaction relating to the conduct of affairs of such a business, willfully embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph ( 2 ). ( 2 ) The punishment for an offense under paragraph ( 1 ) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph ( 1 ) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed {$5000.00}, whoever violates paragraph ( 1 ) shall be fined as provided in this title or imprisoned not more than one year, or both. ( c ) ALL PEOPLE INVOLVED IN THE FALSE INFORMATION MUST BE SENT TO THE FEDERAL BOP FOR A LONG TIME!!!!!!!!!!!!!!!!!!!!!!!!!
04/20/2018 Yes
  • Mortgage
  • Conventional home mortgage
  • Struggling to pay mortgage
  • FL
  • 33032
Web
TO THE CONSUMER PROTECTION AGENCY cfbp* FROM : XXXX XXXX XXXX XXXX XXXX OR XXXX XXXX XXXX E-MAIL XXXX PHONE CONTACT XXXX XXXX OR XXXX XXXX XXXX REGARDING A SALE DATE ON MY HOME XX/XX/XXXX ALLEGE FRAUD PREDATORY LENDING AND ALLEGE FRAUD NOTE/ MORTGAGE FRAUD IS THE ISSUE UNDER FLORIDA STATUE : 702.015 ELEMENTS OF COMPLAINTS, LOST DESTROYED OR STOLEN NOTE AFFIDAVIT ( 1 ) ( 20 ( A ) ( B ) UNDER SECS.673.3001 3. TO WHOM IT MAY CONCERN : I HAVE A SALE DATE ON MY HOME XX/XX/XXXX CASE NO XXXX XXXX XXXX COURT XXXX JUDICIAL QL QUICKEN LOANS ALLEGE PREDATORY LENDING PRACTICE IT APPEARS I NO LONGER HAVE AN ATTORNEY REPRESENTING ME /US . MY LAW FIRM MAY HAVE ABANDONED MY CASE WHO WAS LEGALLY DEFENDING ME AGAINST MY LENDER QUICKEN LOANS SERVICING CO. THIS LAW FIRM WAS RETAINED FROM XX/XX/XXXX AND LAST WE HEARD FROM THIS LAW FIRMS WORKERS WAS AROUND XX/XX/XXXX. IRONICALLY, JUST AROUND THE SAME TIME QUICKEN LOANS THE PLAINTIFF AGAIN PURSUING FORECLOSURE AT THE FLORIDA XXXX XXXX COUNTY COURTS THE XXXX JUDICIAL WHILE ALLEGE VIOLATING A CEASE AND DESIST ORDER WHICH PROTECTS ME UNDER LAW STATUE UNDER PROVISIONS OF FEDERAL LAW THE FAIR DEBT COLLECTION PRACTICES ACT ( FDCPA ) 15 U.S.C. 1692 c ( C ], TO CEASE ALL COMMUNICATION ETC., ETC., QUICKEN LOANS HAD PLACED AN OTHER SALE DATE ON MY HOME THIS TIME XX/XX/XXXX MY HOME NOT YET SOLD HOWEVER JUST A FEW MONTHS BACK ALLEGED SOLD MY HOME ON THE COURT STEPS AND THERE WAS A NEW BUYER WHILE PROTECTED UNDER A CEASE AND DESIST AND LEGAL REPRESENTATION DEFENSE NOT TO MY KNOWLEDGE MY HOME WAS SOLD AT THAT TIME WILL FURTHER EXPLAIN MY HOME BEING SOLD LATER ON IN THIS LETTER! I HAD RETAINED LEGAL DEFENSE BY THIS SAME LAW FIRM ON XX/XX/XXXX ONE YEAR AGO FROM MY NEW SALE DATE POST MARKED XX/XX/XXXX MY HOME SCHEDULED FOR SALE THIS UPCOMING DATE XX/XX/XXXX. IT WAS ON SET BY A MOTION TO SHOW CAUSE ON WHY THIS FORECLOSURE SHOULD NOT TAKE PLACE XX/XX/XXXX EXACTLY ONE YEAR LATER FROM XX/XX/XXXX WHERE THERE IS A CEASE AND DESIST IN PLACE AND LAWYERS WORKING ON MY CASE ACCORDING TO THIS LAW FIRM THROUGH OUT THE ENTIRE YEAR! I AM IN FLORIDA AND THE LAW FIRM IS IN CALIFORNIA. IT SEEMS AFTER THE CEASE AND DESIST DOCUMENT SENT TO US BY MY LAW FIRM ON XX/XX/XXXX THIS CEASE AND DESIST DOCUMENT WAS SIGNED BY US TO PROTECT US FROM FORWARDING ANY FURTHER MORTGAGE PAYMENTS TO OUR LENDER QUICKEN LOANS AND PROTECTING US FROM ANY FURTHER CONTACT FROM LENDER 'PLAINTIFF 'QUICKEN LOANS WHO IS SUING FOR A FORECLOSURE AND SALE DATE MY HOME. THE CEASE AND DESIST PAPERS WERE SENT BACK SIGNED WITH PROOF OF XXXX FAX TRANSMITTABLE FOR QUICKEN LOANS! ACCORDING TO MY LAW FIRM THIS CEASE AND DESIST WAS PROTECTING US FROM MY LENDER QUICKEN LOANS FROM CONTACTING ME ANY FURTHER AND THEY WOULD ONLY BE ABLE TO CONTACT MY LAW FIRM. AND I WAS NO TO TALK TO ANY ONE ABOUT MY CASE OR ANY OTHER LAWYER ACCORDING TO THIS LAW FIRM. THIS DOCUMENT CEASE AND DESIST ALONG WITH A DEMAND LETTER FOR MY LENDER QUICKEN LOANS WAS SENT TO THEM FOR ALLEGE PREDATORY LENDING PRACTICES TO QUICKEN LOANS LEGAL DEPT TO PROTECT ME /US ! XXXX [ HUSBAND } HAD TO SIGN WITH THE ATTORNEY AS HE WAS THE ONE RESPONSIBLE FOR THE QUICKEN MORTGAGE LOAN NOTE PRINCIPLE AND MY NAME WAS JUST STIPULATED AS I WAS JUST THE NOTE HOLDER AND NOT RESPONSIBLE FOR THE LOAN. REALIZING A YEAR LATER FROM XX/XX/XXXX THIS CEASE AND DESIST PROTECTING US HAD ENDED XX/XX/XXXX. THEREFORE, FROM XX/XX/XXXX TO XX/XX/XXXX THIS CEASE AND DESIST PROTECTING US HAD ENDED AND SO DID THIS LAW FIRM DEFENDING OUR COURT CASE! AND WITHOUT ANY NOTICE OR WARNING THEY HAD BAILED ON ME/US! IRONICALLY, AT THE SAME TIME IN XX/XX/XXXX ANOTHER FORECLOSURE PREVAILED LEADING TO A SALE DATE ON MY HOME FOR XX/XX/XXXX. { THINK IT IS A SET UP? } NOW CAUSING A VERY BURDENSOME FINANCIAL AND STRESSFUL HARDSHIP WITH DOUBLE ALLEGE SCAMS ONE ALLEGE BY THIS LAW FIRM AND TWO BY QUICKEN LOANS AND THEIR ASSIGNS AND SUCCESSOR ETC., IN OR AROUND XX/XX/XXXX ANOTHER FORECLOSURE SUMMONS WAS ISSUED TO US BY OUR LENDER WHILE UNDER A DOCUMENT CALLED A CEASE AND DESIST. IRONICALLY, THIS LAW FIRM HAD BEGAN AVOIDING MY CALLS AFTER AN ENTIRE YEAR ADHERING TO MY CALLS AND CONFIRMING THEY WERE RECEIVING DOCUMENTATION. AT THE TIME I HAD THIS MOST RECENT FORECLOSURE POST MARK XX/XX/XXXX WITH A COURT DATE XX/XX/XXXX. A SUMMONS INDICATING A MOTION TO SHOW CAUSE ON WHY ANOTHER FORECLOSURE SHOULD NOT PREVAIL AS ONE PRIOR A FEW MONTH BACK EVIDENTLY DID OCCUR AND NOT TO MY KNOWLEDGE. AND MY HOME WAS SOLD ON THE COURT STEPS AT WHILE STILL RETAINING THIS LAW FIRM AND WHILE WE WERE STILL PROTECTED UNDER A CEASE AND DESIST. QL QUICKEN LOANS REFERED TO XXXX AS RESPONSIBLE FOR THE LOAN AND YET KNOWING HE WAS NOT THE NOTE HOLDER EVEN AT CLOSING XX/XX/XXXX AND PRIOR!, I XXXX WIFE WAS THE NOTE HOLDER WITH NO JOB XXXX XXXX XXXX XXXX AND THIS WAS UNDER STOOD WITH QUICKEN LOANS AT THE PROMPT OF CLOSING DISCUSSIONS FROM XX/XX/XXXX TO XX/XX/XXXX CLOSING. THERE WAS A PRIOR FORECLOSURE TO THIS MOST RECENT ONE POST MARKED XX/XX/XXXX ; WHICH WAS ONLY A FEW MONTHS BACK IN OR AROUND XX/XX/XXXX /XX/XX/XXXX AND THIS LAW FIRM CONFIRMED WITH I XXXX THEY HAD LEGALLY BATTLED QUICKEN LOANS SERVICING COMP AND I /WE WERE NO LONGER WITH MY LENDER QUICKEN LOANS. THE LAW FIRM BELIEVED THANKS TO THEM THEY BATTLED ME OUT FROM UNDERNEATH THEM QL { QUICKEN LOANS SER. CO. FURTHER STATING " AND IT WAS NOT EASY! '' QUESTION? THEN WHY AM I BACK IN FORECLOSURE WITH QUICKEN LOANS SUMMONS POST MARK XX/XX/XXXX ON XX/XX/XXXX COURT FOR A MOTION TO SHOW CAUSE? ON WHY THIS FORECLOSURE SHOULD NOT TAKE PLACE? I HAD ASKED MY LAW FIRM? AND WHY IS THIS LAW FIRM NO LONGER RESPONDING TO THIS NEW FORECLOSURE SUMMONS POST MARKED XX/XX/XXXX HEARING MOTION TO SHOW CAUSE XX/XX/XXXX? NOR ARE THEY RESPONDING TO US! IRONICALLY, I JUST HAD NOTICED XX/XX/XXXX THE CEASE AND DESIST PROTECTING US ENDED 'XX/XX/XXXX ' FROM WHEN IT COMMENCED XX/XX/XXXX. THE LAW FIRM DOES NOT RESPOND ANY LONGER ENDING 'XX/XX/XXXX ' BOTH THE CEASE AND DESIST AND THE HIRING OF THIS LAW FIRM WAS RETAINED IN XX/XX/XXXX EXACTLY ONE YEAR AGO. ONE MAY SAY WHAT A COINCIDENCE? JUST PRIOR, I WAS STILL IN VERBAL CONTACT WITH THIS LAW FIRM REGARDING THESE ON GOING FORECLOSURE THREAT SUMMON DOCUMENTATIONS BY QUICKEN LOANS AND /OR THEIR CULPRIT ASSIGNS AND SUCCESSORS WHO ALLEGE SOLD MY HOME ALREADY IN XX/XX/XXXX/XX/XX/XXXX, YET I DID NOT KNOW MY HOME WAS SOLD? UNTIL THIS IRRESPONSIBLE REPRESENTATIVE AT THIS LAW FIRM LET ME KNOW IT WAS SOLD IN OR AROUND XX/XX/XXXX/XX/XX/XXXX! AFTER GOING TO THE LAW FIRMS MANAGER HE REASSURED ME THEY ARE STILL PURSUING A QUITE TITLE RELEASING ME FROM MY MORTGAGE DEBT UNDER AN ALLEGE FRAUD NOTE. AFTER, HURRICANE IRMA I RETURNED HOME FROM BEING EVACUATED. THEN RECEIVING A FLOOD OF MAIL FROM QUICKEN LOANS. I SENT THESE DOCS AS I WAS RECEIVING VARIOUS KINDS INCLUDING THE FORECLOSURE MOTION TO SHOW CAUSE THROUGH MY LAW FIRMS E-MAIL PORTAL THAT IS STILL CONFIRMED IN THEIR PORTAL. ALTHOUGH, ACCORDING TO MY LAW FIRM! I WAS OUT FROM QUICKEN LOANS THIS WAS BACK IN XX/XX/XXXX/XX/XX/XXXX WHEN THERE WAS VERBAL PHONE AND E-MAIL PORTAL CONTACT RESPONSE JUST A FEW WEEKS PRIOR, TO SENDING THIS LAW FIRM MOST RECENT ON GOING FORECLOSURE SUMMONS POST MARKED XX/XX/XXXX THIS LAW FIRM WAS CONFIRMING THEY ARE RECEIVING AGAIN DOCUMENTATION VERBALLY AND E-MAIL PORTAL REASSURING ME I WILL NOT LOSE MY HOME. THESE MOST RECENT DOCS WERE 1. A MOTION TO SHOW CAUSE BY PLAINTIFF QUICKEN LOANS 2. DOCS WITH SOME QUICKEN LOANS MILITARY QUESTION DOCUMENTATION BOTH SEPARATE MY HUSBAND AND I. 3. THE FIRST MOTION TO SHOW CAUSE AFTER HURRICANE IRMA HAD NO COURT DATE! { RED FLAG } AFTER SENDING THE LAW FIRM MY DOCUMENTATION I WAS LEFT HANGING BY THIS LAW FIRM WHO DID NOT RESPOND TO THE COURTS WHO WERE 'RATED 'A ' BY THE XXXX ' AND THAT THERE WAS AN ACTUAL LAW FIRM THERE IN CALIFORNIA! WHAT A JOKE! A YEAR LATER XX/XX/XXXX FROM THE TIME I HAD RETAIN THIS LAW FIRM IN XX/XX/XXXX I RECEIVED A MOTION TO SHOW CAUSE WITH A POST MARK FXX/XX/XXXX COURT DATE XX/XX/XXXX. THEN THIS LAW FIRM STOPPED RESPONDING JUST TWO WEEKS BEFORE THE ACTUAL COURT DATE XX/XX/XXXX. AFTER, PAYING THOUSANDS OF DOLLARS TO THIS LAW FIRM IT WAS LEARNED THIS LAW FIRM HAVE NEVER RESPONDED TO FLORIDA XXXX XXXX COUNTY COURTS XXXX JUDAICAL COURT SYSTEM. THIS LAW FIRM THROUGH OUT THE ENTIRE YEAR AND THE COURSE OF FORECLOSURE SUMMONS ON GOING BY QUICKEN LOANS ASSIGNS AND SUCCESSORS FOR THE ENTIRE YEAR. THIS LAW FIRM HAVE NOT RESPONDED ACCORDING TO THE FLORIDA XXXX XXXX COUNTY COURTS AT THE XXXX JUDICIAL SYSTEM COURT. NOT TO MY KNOWLEDGE THERE WERE ALLEGE PRIOR SALE DATES ON MY HOME AND IT WAS SOLD ON THE COURT STEPS IN OR AROUND XX/XX/XXXX OR XX/XX/XXXX AND NOT TO MY KNOWLEDGE! YET, I WAS STILL SECURE IN MY HOME! AFTER I WAS IN SUCH DISARRAY WITH HURRICANE IRMA I AND HAD THAT XXXX XXXX LANDING ME IN THE HOSPITAL WITH A XXXX XXXX I WAS BATTLING AND I STILL FORWARDED THESE QUICKEN LOANS FORECLOSURE DOCS QL TO SET MY HOME FOR SALE! THE DOCUMENTS WERE RECEIVED AND CONFIRMED BY THIS LAW FIRM WHO SPOKE WITH ME HOPING THE BEST FOR THE ORDEAL WITH MY HEALTH AND THE HURRICANE! DURING HURRICANE IRMA I HAD TO EVACUATE AND ARRIVING HOME I WAS HIT WITH MORE FORECLOSURES FROM QUICKEN LOANS. BEFORE THIS UP COMING SALE DATE XX/XX/XXXX ACCORDING TO THE LAW FIRM I HIRED. A LAW FIRM WHO WAS IN PRACTICE FOR THE PEOPLE LITIGATING FOR THE PEOPLE WHO WERE GETTING XXXX BY CRIMINAL LENDERS AND /OR TITLE COMPANIES AS IT WAS PUT AND THEY WERE NOT SO MUCH IN IT FOR THE MONIES, JUST SO SINCERE IN HELPING PEOPLE AND MENTIONING HOW THEY FELT BAD ONE PERSON XXXX XXXX XXXX XXXX XXXX XXXX BECAUSE THEY LOST THEIR HOME BY THESE RUTHLESS PREDATORY LENDING INSTITUTIONS. AND WITH THAT I WAS HOPEFUL TO HELP AND I SENT DOCUMENTS TO HELP SUPPORT THEIR MISSION WHILE HELPING MYSELF AND FAMILY. IF THEY ALLEGE USED THESE PEOPLE WHO WERE HURTING AND WHO WERE VULNERABLE LOSING THEIR HOMES AND ROBBED THEIR MONIES LIKE ALLEGE MINE. THEY WOULD FIRST DESERVE TO BE IN JAIL BEFORE THESE LENDING INSTITUTIONS, IN MY OPINION NOW I AM IN QUESTION WHO IS REALLY IN SYNC WITH THE ALLEGE CRIMINALS AS PER THIS LAW FIRM REPRESENTATIVE? BEFORE THE MOTION TO SHOW CAUSE DATED XX/XX/XXXX TO APPEAR XX/XX/XXXX AT XXXX XXXX. TO COURT WE WERE LEFT WITH NO DEFENSE LAWYER! ACCORDING TO THIS LAW FIRM WHO TRIED TO ENTRAP ME INTO SIGNING ON WITH ANOTHER BUYER WHO BOUGHT MY HOME ON THE COURT STEPS IN OR AROUND XX/XX/XXXX/XX/XX/XXXX AND I FELT SHATTERED TO HEAR THIS INSTEAD OF WHAT THIS LAW FIRMS GOAL WAS! IT OCCURRED JUST A FEW MONTHS PRIOR TO THIS NEW SALE DATE XX/XX/XXXX. MY LAW FIRM SLIPPED THIS BY ME OVER THE PHONE AND I WAS NOT COMFORTABLE WITH THIS! THIS SEEMS SCREWY AND R.E.S.P.A. LAWS MAYBE BEING VIOLATED AND THE SALE OF MY HOME IS ALLEGE BEING SOLD BACK AND FORTH UNDER A FRAUD ELECTRONIC ROBO SIGNING MERSE LOAN NOTE PRINCIPLE AND DEED. BELIEVE ME, I KNEW NOTING ABOUT THIS SALE OF MY HOME THAT ALLEGE HAPPENED JUST SEVERAL MONTHS AGO AND BEING MIS LEAD BY MY LAW FIRM AND QUICKEN LOANS MY HOUSE HAS A NEW SALE DATE. THIS DOES NOT HELP TO RUN A HEALTHY HOUSE HOLD UNDER THESE HORRIBLE OPPRESSION AND ABUSES. IT CAME DOWN TO MY HOME WAS SOLD ON THE COURT STEPS AND FOR ME TO START PAYING SOME BUYER WHO BOUGHT MY HOME COORDINATED BY THIS LAW FIRM WHO TRY TO BELITTLE ME AND OUT LASHED ON ME " BY THIS LAW FIRMS REPRESENTATIVE, SAYING TO ME " WHAT? YOU THINK YOU ARE GOING TO PAY NOTHING! '' WITH OUT NO WARNING OR EXPLANATION OF WHAT TRANSPIRED AS THEY WERE WORKING ON MY CASE FOR A QUITE TITLE. I GAVE THIS LAW FIRM MONTHS OF MEGA AMOUNTS OF DOCUMENTS TO SUPPORT MY CASE AND THEIR MISSION TO HELP OTHER PEOPLE FROM PREDATORY LENDING PRACTICES AND IT IS APPALLING THIS CORRUPTION GOES ON HURTING INNOCENT LIVES AND FAMILIES WITH CHILDREN AFTER, THIS LAW FIRM REVIEWED THOSE DOCUMENTS I HAD SENT IN A MEGA AMOUNT THEY REFEREED TO THE ONES IN QUESTION HANDLING MY LOAN AS CRIMINALS AND THEY WERE GOING TO PAY FOR WHAT THEY DID TO ME! I HAD SENT THIS LAW FIRM DOCS AND THEY WERE ALL WORKING ON MY CASE TOGETHER REASSURING THE LAWYERS WERE RECEIVING THEM. AGAIN REASSURING ME THERE ARE LAWYERS AT THE FIRM RECEIVING THESE DOCUMENTS AND SHOULD QUICKEN LOANS OR WHOM EVER THE Y WERE INVESTIGATING AS THE REAL LENDER AND/OR BUYER MAY BE? IF THE LENDER DOES NOT STEP TO THE PLATE FOR THEIR VIOLATIONS FOR ALLEGE PREDATORY LENDING PRACTICES THEY QL WILL PAY FOR MY PUNITIVE DAMAGES AND THEY WILL LITIGATE. PLEASE NOTE QL QUICKEN LOANS AND /OR ASSIGNS AND SUCCESSORS SHOW THER UNCLEAN HANDS AND SEEM TO PLAY DIRTY POOL! AS THE FIRST MOTION TO SHOW CAUSE DOCUMENTATION PRIOR TO THE MOST RECENT WAS SENT DURING OR JUST BEFORE HURRICANE IRAMA AND IT HAD SHOWN NO COURT DATE { RED FLAGS } ON THE SUMMONS AND I WAS EVACUATED FROM THE HURRICANE SO NOW QUICKEN LOANS PREYS ON ME TO FORECLOSE AGAIN! STILL THINKING AT THAT TIME I HAVE MY ATTORNY 'S STILL IN MY COURT AS I WAS SPEAKING TO THEIR OFFICE REPS AS THEY REASSURED I WILL NOT LOSE MY HOME AND STATING ALL ALONG I AM PROTECTED UNDER A CEASE AND DESIST QL ARE PLAYING GAMES AND NOW IT SEEMS SO IS THIS LAW FIRM!. WHEN I HAD ARRIVED HOME FROM HURRICANE IRMA I HAD TO RESET ALL MY COMPUTERS THAT WERE STILL WORKING TO RESEND THESE ON GOING FORECLOSURE DOCS TO A LAW FIRM WHO ALREADY TOLD ME I AM OUT FROM QUICKEN LOANS. AS I WAS STILL HAVING VERBAL CONTACT WITH THIS LAW FIRM UNTIL THIS VERY SAME LAW FIRM RECEIVED THE LAST QUICKEN LOANS FORECLOSURE MOTION TO SHOW CAUSE THIS TIME WITH A DATE POST MARK XX/XX/XXXX COURT DATE XX/XX/XXXX. THIS WAS THE VERY LAST ONE THAT HAS A SALE DATE ON MY HOME MY LAW FIRM 'S SECRETARY VERBALLY TELLS ME ON XX/XX/XXXX APPROXIMATE REFERRING TO MY MOTION HEARING ON XX/XX/XXXX SHE RETORTS, 'YES THIS IS URGENT YOU HAVE A COURT DATE IN A FEW WEEKS WE WILL GET BACK WITH YOU " TO THE QUESTIONS I ASKED WHICH WERE : IF YOU HAD ALREADY GOT ME OUT FROM QUICKEN LOANS WHY DO I EVEN I HAVE TO RESPOND TO THIS SUMMONS OR ARE YOU GOING TO RESPOND? IF SO WHEN ARE YOU GOING TO RESPOND TO THIS FORECLOSURE AND APPEAR IN COURT OR DO I HAVE TO GO TO COURT? MY LAW FIRM NEVER GOT BACK TO ME STRINGING ME ALONG AND I HAD NOW JUST A WEEK LEFT TO DEAL WITH THIS WHOLE ORDEAL BY MYSELF. THIS NOW SEEMED LIKE A VERY WELL COORDINATED SET UP! ALL AROUND! AND NOW IT SEEMS BOTH ARE PLAYING GAMES WITH PEOPLE 'S LIVELY HOODS! ADVISED BY XXXX XXXX COUNTY COURTS WHO KNEW THE PREDICAMENT I WAS PLACED IN AND IT SEEMS VERY MALICIOUS. THE CLERK OF COURTS REQUESTED IN URGENCY I WRITE THE JUDGE ON THE MATTER! I WE HAD WENT FOR THE HEARING I WAS NOT ABLE TO GO INTO THE COURT ROOM AND A SALE DATE WAS PLACED ON MY HOME. AFTER, GOING BACK TO THE CALIFORNIA BAR AND STATE ATTORNEY GENERAL OFFICE VERIFYING THIS LAW FIRM ACTUALLY EXISTED BACK IN XX/XX/XXXX AND IT DID EXIST BUT NOW THE STORY CHANGES. I HAD REACHED OUT TO THE CALIFORNIA BAR AND CA ATTORNEY GENERAL OFFICE IN TWO LOCATIONS AFTER THE SALE DATE XX/XX/XXXX. HOWEVER, IN XX/XX/XXXX THERE WAS A LAW FIRM THEN, YET NOW THERE WAS NO LAW FIRM THERE IN XX/XX/XXXX MORE RUN AROUND. THE MOST RECENT SALE DATE IRONICALLY BEGAN XX/XX/XXXX MOTION TO SHOW CAUSE XX/XX/XXXX AND A SALE DATE WAS SET. NOW WITH MY BACK UP AGAINST THE WALL I WAS ADVISED BY FLORIDA [ FL } XXXX XXXX COUNTY COURT XXXX JUDICIAL SYSTEM IT WAS URGENT I GO TO THE JUDGES CHAMBERS AND WRITE HER AS WELL AS GO TO HER CHAMBERS ON THE MATTER! AND LET THE JUDGE KNOW I HAD PAID A LAWYER 'S FIRM AND SHOW PROOF! ACCORDING TO THE COURTS WHEN I HAD ARRIVED THERE IT WAS READ NO COURT RECORD OF THIS LAW FIRM HAVE RESPONDED REGARDING MY QUICKEN LOANS FORECLOSURE CASE IN A YEAR FROM XX/XX/XXXX TO XX/XX/XXXX? THE CLERK OF COURTS REQUESTED FOR US TO ASK THE JUDGE TO KEEP THE CASE OPEN AND DELAY IT TO PROTECT MYSELF AS I PAID AN ATTORNEY WHO DID NOT RESPOND TO MY FORECLOSURE MOTION I PAID THOUSANDS OF DOLLARS TOO. I SENT THE JUDGE A LETTER RETURN RECEIPT XX/XX/XXXX AND HAD ONE STAMP DOCKET BY THE CLERK WAY BEFORE THE HEARING ON XX/XX/XXXX. IT WAS A MOTION TO SHOW CAUSE ON WHY I SHOULD NOT BE FORECLOSED ON!. THIS WHOLE SCENARIO SEEMS AN ALLEGE SCAM INVOLVING THE IRRESPONSIBLE LENDER HOLDING AN ALLEGE FRAUD NOTE PRINCIPLE MORTGAGE THEY MAY HAVE MANIPULATED? HAVING TO APPEAR TO COURT OURSELVES ON SUCH SHORT NOTICE AND OF COURSE BESIDE OUR SELVES WITH NO LEGAL DEFENSE WE PAID FOR IN THE THOUSANDS. WE BELIEVE WE WERE ON TIME TO COURT TO SHOW CAUSE ON WHY THIS FORECLOSURE SHOULD NOT TAKE PLACE EVEN THOUGH WE WROTE THE JUDGE AHEAD OF TIME AND THE CLERK SAID THIS LETTER WILL PROTECT YOU! EVIDENTLY NOT! WHEN I ARRIVED TO COURT COMING FROM A VERY FAR AWAY COMMUTE AND MY HUSBAND VERY SICK OVER THIS IT SEEMED THE COURT CLOCK MAY HAVE BEEN OFF AS THE CLOCK THERE ON ANOTHER FLOOR WAS WAY OFF. ON THE OTHER FLOOR WE HAD AN URGENCY FOR MY SON HAS A XXXX AND THIS MATTER IS MAKING THINGS MORE HORRENDOUS. PRIOR, CHECKING THE TIME JUST BEFORE WE ENTERED THE COURT BLDG AND WE WENT UP TO THE FLOOR WE BELIEVED WE WERE ON TIME IT WAS XXXX XXXX XXXX. HEARING WAS AT XXXX AND HAVING NO PROBLEM FINDING THE COURT ROOM HAPPY WE WERE ON TIME WE WERE STUNNED LOOKING AT THE COURT CLOCK BEFORE THE DOOR SHOWING WE WERE 15 MINUTES LATE WE TRIED TO GO INTO COURT ROOM AND THE BAILIFF SAID SHE RULE ON IT I CAN NOT GO INTO THE COURT ROOM YOU ARE 15 MINUTES LATE. I WENT TO THE JUDGES CHAMBERS AFTER WAITING AWHILE AS THE JUDGE WAS ALLEGE IN TRIAL AS PER HER SECRETARY WHO HANDED ME A PRINT OUT OF THE JUDGES RULING AND MY HOME HAD A SALE DATE FOR XX/XX/XXXX. THEREFORE, IN APROX 14 DAYS FROM WRITING THIS LETTER TO CONSUMER PROTECTION { FEDERAL LEVEL OF GOVERNMENT ] AS WELL AS SENDING A LETTER TO THE FLORIDA STATE ATTORNY GENERAL 'S OFFICE { I BELIEVE STATE LEVEL OF GOVERNMENT } FOR ALLEGE FRAUD ON PREDATORY LENDING PRACTICES BY THE LENDER OR BUYER IRRESPONSIBLE HOLDING AN INVALID NOTE PRINCIPLE. I WROTE TO BOTH ENTITIES ON THE STATE AND FEDERAL GOVERNMENT LEVEL WEEKS AGO AS MY HOME MAYBE GONE ON THE COURT STEPS XX/XX/XXXX, UNJUSTLY AND ILLEGALLY, ALLEGE. AND THIS SALE DATE IS BASED ON THE PLAINTIFF STANDING WITH AN ALLEGE FRAUD NOTE PRINCIPLE AND MORTGAGE HELD BY AN ELECTRONIC ROBO MERSE LOAN INITIATED BY MAIL BY QUICKEN LOANS REPRESENTATIVES ALLEGE. BECAUSE I REACHED OUT FOR LEGAL DEFENSE TO QUESTION QUICKEN LOANS PREDATORY LENDING PRACTICES. THIS ALLEGE FRAUD NOTE PRINCIPLE ALLEGE MANIPULATED AND/OR ALTERED BY ALLEGE QL QUICKEN LOANS ASSIGNS AND SUCCESSORS. IT IS DEFINITELY IN QUESTION WHO IS REALLY THE IRRESPONSIBLE LENDER? QL, QUICKEN LOANS SER COLLECTION ATTORNEY AND THEIR AFFILIATES HAD CERTIFIED CERTIFICATE OF A NOTE BY MY HUSBAND XXXX AND DISREGARDING I HIS WIFE XXXX AM THE ORIGINAL NOTE HOLDER NOT HIM AND HOW DO THEY MAKE ANY STANDING ON THIS?. ONLY RECOGNIZING MY HUSBAND AS THE NOTE HOLDER THIS IS INCORRECT AND UNTRUE! IN ANY EVENT, WE ARE LEFT TO DEAL WITH THIS MESS IN SUCH A SHORT TIME. THINK ABOUT HOW WE WERE SET UP? MY LAW FIRM ATTESTS THROUGH THEIR EMAIL PORTAL THEY RECEIVED THE FORECLOSURE HEARING NOTICE ON XX/XX/XXXX FOR XX/XX/XXXX HEARING. THEY DO NOT GET BACK WITH US AND STOP RESPONDING! THINKING MAYBE THIS IS SHORT UNETHICAL NOTICE EVEN FOR AN ATTORNEY HANDLING MANY OTHER CASES GIVEN THEM THE BENEFIT OF THE DOUBT? HOWEVER, THEY HAVE NOT RESPONDED UNDER THEIR LAW FIRMS NAME I RETAINED THEM UNDER! WE WRITE THE JUDGE XX/XX/XXXXSTILL BELIEVING OUR LAWYERS ARE GOING TO DEFEND US! I RECEIVE THE RETURN RECEIPT FROM THE JUDGE SHE GOT MY LETTER XX/XX/XXXX!. PRIOR TO THE HEARING ON XX/XX/XXXX WE BROUGHT ALL MY PAPERS TO FLORIDA XXXX XXXX COUNTY COURT AS SUGGESTED BY THIS VERY SAME COURT AND SPOKE TO THEIR CLERKS. I BROUGHT MY CONCERNS TO THE JUDGES CHAMBERS WAY BEFORE THE MOTION TO SHOW CAUSE AND I EVEN HAD SHOWN TO COURT FOR THIS HEARING TO SHOW CAUSE ON XX/XX/XXXX, I BELIEVE WE WERE SHUNNED TO BE HEARD FOR A DISCREPANCY OVER A COURT CLOCK ALLEGE OFF ON ITS TIMING THEREFORE A SALE DATE WAS PLACED AGAINST MY HOME FOR XX/XX/XXXX. AFTER, THE RULING I HAD CALLED BACK TO THE CALIFORNIA STATE ATTORNEY GENERAL OFFICE AND THE CA BAR ABOUT THIS LAW FIRM IN QUESTION I GOT THE RUN AROUND. IT WAS THEIR FINDINGS A YEAR LATER THERE WAS NO LAW OFFICE BY THAT NAME IN SEARCHING THEIR COMPUTERS TO LET ME KNOW THIS. WHEN PRIOR I WAS INFORMED THERE IS A LAW FIRM BLDG ACTUALLY THERE! THEN I THE STORY CHANGED ON MY SECOND CALL TO CA ATTORNY GENERAL OFFICE IT CHANGE TO THERE IS A LAW FIRM, BUT JUST LEGAL ADVISE AND HANDING OUT LEGAL PAPERS, THEN I CALLED BACK THIS SAME LAW FIRM I HIRED AND THE RECEPTIONIST WHO WAS NEW SAID THEY WERE A LLC REALITY LICENSING COMPANY OF SOME SORT. THEN I CALLED AGAIN THE RECEPTIONIST SAID THERE IS A BLDG AND SHE IS NEW ALSO AND SHE IS WORKING IN THE BLDG BUT NO ONE CAN GO THERE JUST HER AS IT IS A MOTOR CYCLE LEASING COMPANY. THEN I CALLED BACK AGAIN THIS LAW FIRM XXXX AND CALLED INADVERTENTLY WAY BEFORE THEY ARE OPENED AS TIME DIFFERENCE I AM IN FLORIDA THEY ARE IN CALIFORNIA. A NEW SECRETARY ANSWERED THE PHONE AND EXCLAIMS " XXXX XXXX YES THERE IS AN ATTORNEY AND I WILL LET SO AND SO ATTORNY KNOW YOU HAVE A SALE DATE ON YOUR HOME. GLAD TO KNOW I HAVE AN ATTORNEY 'S LAST NAME AT THIS POINT! BUT SOMETHING IS WRONG AS IT SEEMS THINGS HAVE CHANGED HANDS WITH THIS LAW FIRM AND ALL MY CALLS ARE AVOIDED. SHE FURTHER STATES WE HAVE AN OFFICE WHERE WE WEAR MANY HATS HERE. REFERRING TO MY CASE STILL LEAVING ME IN THE DARK! HOWEVER, NO ONE EVER GOT BACK WITH ME AND THEIR WEB SITE PORTAL SAYS THEY DO NOT WEAR THOSE TYPES OF MANY MENTIONED HATS. NOW GOING BACK TO WHERE MY HOUSE WAS ALLEGE ALREADY SOLD ON THE COURT STEPS PRIOR TO THIS NEW SALE DATE XX/XX/XXXX AND NOT TO MY KNOWLEDGE AT THE TIME IT WAS SOLD! IN OR AROUND XX/XX/XXXX/XX/XX/XXXX AND FEELING ENTRAPPED TO START PAYING TO AN UNKNOWN BUYER IN OR AROUND XX/XX/XXXX/XX/XX/XXXX THROUGH THE LAW FIRM I HAD HIRED. AT THAT TIME THIS LAWYER FIRM HAD A GREAT REVIEW RATING WITH THE XXXX AS AN A RATING HOW I'LL NEVER KNOW AT THIS POINT ON WHATS THE POINT OF THE XXXX IF THIS IS WHERE IT HAD LED ME TO RUIN BY THE INFO NOT BY XXXX. I WENT TO THE MANGER AT THIS SAME LAW FIRM WHO I HAD A MEETING WITH PRIOR IN XX/XX/XXXX WHO INFORMED ME HIS AFFILIATE REP SHOULD HAVE NEVER TOLD YOU THAT t THIS WAS REGARDING THEIR REPRESENTATIVE SAYING TO ME YOUR HOME WAS SOLD ON THE COURT STEPS AND TO START PAYING SOME BUYER I KNEW NOTHING ABOUT? AND THE MANGER OF THIS LAW FIRM AGREED TO CONTINUE WORKING ON A QUITE TITLE AS THEY HAVE REVIEWS THEY HAVE DONE FOR MANY OTHER CLIENTS THAT WERE ENTITLED TO A QUITE TITLE UNDER THE LAW AND REASSURED ME SEVERAL TIMES I TOO WAS ENTITLED VERBALLY AS WELL. AND IT WAS THEIR LAW FIRMS GOAL TO DO SO! IN MY CASE I STILL HAVE MY ORIGINAL WET INK NOTE ATTACHED TO MY ORIGINAL PROMISSORY NOTE FROM XX/XX/XXXX. WHEREAS PRESENTLY QUICKEN LOANS AND THIS ROBO SIGNING CRAP IS PLAYING GAMES WITH MY NOTE ALLEGE. WE HAVE SUFFERED PREDATORY LENDING PRACTICES THROUGH OUT OUR TITLE TRAIL ALLEGE XX/XX/XXXX XXXX, HOME EQ, XXXX XXXX XXXX XXXX ETC. I WILL NOT FORWARD THOSE DOCUMENTS ONLY IF NEED BE. HOWEVER, WE ARE PRESENTLY CONCERNED WITH QUICKEN LOANS XXXX XXXX AS IN THE INITIAL BEGINNING MY NOTE WAS QUICK CLAIMED OUT FROM UNDERNEATH ME [ WIFE ] BY QUICKEN LOANS WHO I BELIEVE ALLEGE SCAMMED PAPER WORK THOUGH AN XXXX XXXX XXXX ALL DONE BY MAIL AND NOT IN PERSON. THE LAW FIRM I HIRED SENT QUICKEN LOANS A DEMAND LETTER AND A CEASE AND DESIST. [ PLEASE SEE THOSE DOCUMENTATION ] THE ONE DOCUMENT CALLED A CEASE AND DESIST PROTECTED US UNDER THE LAW { PUT LAW STATUES } FROM ANY MORE HARASSING QUICKEN LOANS COLLECTION ATTORNEY 'S, ACCORDING TO THIS LAW FIRM. PRIOR, QUICKEN LOANS COLLECTION AGENCY HAVE ALLEGE MANIPULATED MY NOTE AND MORTGAGE BY BLACKING OUT LOAN NUMBERS, NAMES AND THIS CONTINUED THROUGH OUT THIS MANIPULATED CLOSING DOCUMENT AND FILING THESE MANIPULATED DOCUMENT WITH THE COURST MAYYBE ALLEGE VIOLATION UNDER FLA STATUE 817.535 UNLAWFUL FILING OF FALSE DOUMENTS OR RECORDS AGAINST REAL OR 'PERSONAL PROPERTY { E } 2. 1 ( C ) 1. ' PRIOR, TWO YEARS BACK WE BELIEVE WE WERE COARSE TO SIGN IN XX/XX/XXXX A PERMANANT LOAN MODIFICATION MANIPULATED CLOSING PAPERS WITH THE NOTE ALL BLACKED OUT LOAN NUBERS AND NAMES VS THE ORIGINAL NOTE MARKED UP { SEE COMPARISON } WHO AND WHERE HOLDS THE NOTE? QL COLLECTION ATTORNEY 'S AND THEIR AFFILIATES HOLD A CERTIFIED CERTIFICATE SAYING THEIR ATTORNY WITNESS MY HUSBAND XXXX AS THE ORIGINAL NOTE HOLDER PRESENTED AN ORIGINAL NOTE HELD IN THEIR LAWYER 'S OFFICE IN XX/XX/XXXX IN XXXX XXXX XXXX XXXX FLORIDA, THEIR OFFICE. HOW? THE ORIGINAL CLOSING WAS DONE IN XX/XX/XXXX AT OUR HOME ADDRESS BY MAIL AND NO ONE IN PERSON WAS THERE AND IT IS A DIFFERENT LOCATION MY HOME ADDRESS AND THE NOTE WAS IN WIFE NAME ONLY! NOT XXXX HUSBAND IT SEEMS THE IRRESPONSIBLE LENDER IN QUESTION MAY NOT HAVE CLEAN HANDS ON THE ORIGINAL NOTE CLEARLY MANIPULATED BY BLACK MARKED LOAN NUMBERS AND NAMES THAT DIFFER FROM THE ORIGINAL CLOSING NOTE ON XX/XX/XXXX! PLEASE REFER TO THOSE ATTACHED DOCUMENTS FOR COMPARISON. XX/XX/XXXX ONE YEAR LATER AFTER ORIGINAL CLOSING IN XX/XX/XXXX REGARDING NOTE SO NOW THERE ARE TWO NOTES ONE IN XX/XX/XXXX AND NOW ONE IN XX/XX/XXXX? YOU KNOW WE COMMON PEOPLE HAVE INTELLIGENCE OF AN ATTORNEY AND SOME ATTORNEYS HAVE COMMON KNOWLEDGE OF AN IDIOT! PLEASE NOTE : WE NEVER MET ANYONE IN PERSON REGARDING QUICKEN LOANS COLLECTION ATTORNEY 'S OFFICE AS CLOSING IN PERSON AND A NOTE HELD BY XXXX IS NOT TRUE! THIS CLOSING WAS ALL DONE BY MAIL AND THE NOTE WAS IN MY XXXX NAME NOT IN MY HUSBANDS NAME. HOW DARE QUICKEN LOANS MANIPULATE TO QUICK CLAIM MY NOTE OUT FROM ME INTO MY HUSBAND XXXX AGAINST MY WISHES! PLEASE NOTE : I XXXX WIFE OWNER OF THE NOTE WAS NOT TO BE MANIPULATED OUT FROM UNDERNEATH MY NOTE AND DEED ON XX/XX/XXXX CONSIDERING THE LOAN WITH QUICKEN LOANS REP CONVERSATION WITH MYSELF OR I WOULD NOT CONSIDER THE LOAN. MY HUSBAND WAS NOT PART OF OUR CONVERSATION WITH QL XX/XX/XXXX. IN ORDER TO GET THE LOAN FOR A FEW POINTS DOWN MY HUSBAND HAD TO JUST VERIFY EMPLOYMENT NOT A PROBLEM! AND EVERY THING WAS REASSURED WILL REMAIN THE SAME AS PRIOR IT WAS WITH XXXX! QL REP KNEW HE XXXX WORKED I DID NOT AND SO XXXX NEEDED TO FILL OUT PAPERS VERIFYING INCOME QL MANIPULATED US INTO SIGNING MORE PAPERS THROUGH THE MAIL REASSURING THEY JUST NEED ME TO SIGN THESE PAPERS I WAS ADAMANT ABOUT WHY THEY NOW NEED ME TO SIGN PAPERS INVOLVING MY NOTE. WHILE QL HAD BACK MORTGAGE PAYMENTS IN OBEY. IN OTHER WORDS WE WOULD NOT HAVE TO PAY MORTGAGE PAYMENT TILL XX/XX/XXXX WE ARE IN THE MIST OF CLOSING FROM XX/XX/XXXX DISCUSSION TO XX/XX/XXXXCLOSING. NOW MORTGAGE PAYMENTS CAN BE IN THE ARREARS IF I DO NOT CLOSE. THE PAYMENTS WOULD NOT HAVE TO BE PAID UNTIL XX/XX/XXXX AND CLOSING WAS XX/XX/XXXX. I THINK THAT WAS GOING TO MAKE ME BEHIND FOR DEFAULT AS PER QL IF I DID NOT SIGN THOSE PAPERS BECAUSE OF QL. IN SPITE OF THAT, QL REASSURED THE NOTE WILL REMAIN IN MY NAME JUST SIGN THE PAPERS. LATER, I FIND MY NOTE WAS NOT IN MY NAME AND I GAVE QUICKEN LOANS XXXX LITERALLY SHOUTING AT THEM I WOULD TAKE IT UP LEGALLY AND THEY DID NOT LIKE IT BUT THEY EXPLAINED HOW THEY WILL PUT THINGS RIGHT THE WAY IT WAS AGREED AND IT WAS DONE! THEN XXXX A FEW MONTHS AFTER CLOSING WAS HOSPITALIZED. TO MAKE THIS SHORT QL SO HELPFUL OFFERING TO PUT THE PAYMENTS TO THE REAR OF THE LOAN FOR APROX 2, 000 YES TWO THOUSAND. APROX. THEN IT CHANGE TO A LOAN MODIFICATION, AND WE WERE STRUNG ALONG AND CHASTISED BY ANOTHER QL REPRESENTATIVES. THAT A LOAN MODIFICATION WAS NEVER OFFERED { XX/XX/XXXX LIED } QL SPIRALED THEIR OFFERED HELP I BELIEVE MALICIOUSLY OUT OF CONTROL, SO WE WOULD WIND UP PAYING FEES TO THEIR COLLECTION ATTORNEY WHO HAVE CHANGED HANDS THREE TIMES ALREADY OF NEARLY {$11000.00} IN FEES. IN OTHER WORDS, PAY SIGN OR LOSE YOUR HOME! WE FELT IT WAS LIKE ALLEGE EXTORTION IT SEEMED. HUD WAS A JOKE AT THAT TIME AND THE RUN AROUND WAS ABUSIVE, THEN I WAS REFEREED TO AN OTHER PROGRAM CALLED MONY MANAGEMENT THROUGH HUD. WE FELT WE WERE INTIMIDATED BY SOME MONEY MANAGEMENT PROGRAM ASSISTANT WHO TOOK ALL MY DEFENSE PAPERS AND NOTATIONS AND INSTEAD OF SOME KIND RESPONSE FROM THIS WORKER ABOUT QL REFUSING A LOAN MODIFICATION AND THE ABUSIVE RUN AROUND. SHE INSTEAD SAID NOTING HANDED ME A PAMPHLET HOW TO RESPOND TO THE COURTS FOR FORECLOSURE, NO HELP DID NOTHING SAID NOTHING, AND SAID SHE WILL BE ON VACATION FOR TWO WEEKS. SHE SAID NOTING ELSE OTHER THEN IN A SNIDE WAY BLAMING US DURING A HARDSHIP WE DID NOT PAY OUR MORTGAGE PAYMENTS AS IF WE DID IT DELIBERATE. THIS WAS NOT TRUE WHAT SO EVER! SOME HELP SHE WAS GLAD SHE HAD ALL MY DEFENSE NOTATIONS AND DOCS, AND THEN TOOK OFF FOR VACATION, I AM BEING SARCASTIC AND RIGHTFULLY SO!. THEN WHEN SHE RETURNED BACK FROM VACATION WE CRAWLED BACK TO HER FOR HER TO HELP US ANSWER THE COURTS ON FORECLOSURE AS THIS PAMPHLET SHE HANDED US WAS NOT HELPFUL OR REASSURING WE MIGHT LOSE OUR HOME! REACHING OUT TO OUR GOVERNMENTS WAS A JOKE FOR HELP AND THE RUN AROUND BUREAUCRATICALLY KEPT US ON A RUN AROUND MERRY GO ROUND. THIS PLACE MONEY MANAGEMENT OFFICE HAD A VERY INTIMIDATING FEELING AS HER FRONT DESK WAS A REALTOR WHO BUYS AND SELLS HOMES AS THE MAN ATTESTED AT THE DESK. SHE REPLIED TO US SAYING WRITE AND SAY YOU FELL BEHIND ON OUR MORTGAGE PAYMENTS AS XXXX WAS HOSPITALIZED. NOTHING ABOUT BEING SHOT DOWN FOR A LOAN MODIFICATION OFFERED BY QUICKEN LOANS. SHE DID NOT WANT TO HEAR THAT OR SHE WAS NOT GOING TO HELP US AT ALL! WHILE IN A WORK OUT WITH SEVERAL QL SUCCESS PACKAGES FOR A LOAN MODIFICATION MIND YOU IT WAS A SET UP LATER FOR QL QUICKEN LOANS COLLECTION ATTORNY TO BE AWARDED EXCESSIVE FEES OF XXXX XXXX AND OR TO CALL IN THE ENTIRE NOTE OF {$13000.00} LEADING TO FORECLOSURE CAUSING HARMFUL STRESS AND FINANCIAL STRESS! BECAUSE I QUESTIONED THINGS AT THE TIME A LOAN MODIFICATION OFFERED FIRST IN XX/XX/XXXXTHEN AWAITING OUR NEW FRESH START IN XXXX /XX/XX/XXXX AS PER QUICKEN LOANS WHO THEN DENIED WE EVER OFFERED A LOAN MODIFICATION AWAITING OUR NEW MORTGAGE STATEMENT PAYMENTS. I XXXX NOTE HOLDER WAS BARRED FROM TALKING TO QL. JUST BECAUSE I QUESTIONED THEIR DECEITFUL LOAN MODIFICATION OFFER FOR SUCCESSFUL FAILURE! QL QUICKEN LOANS STATED WE DO NOT HAVE TO TALK TO YOU AS XXXX IS RESPONSIBLE FOR THE LOAN. QUESTION? WHY THEN IS MY HOME BEING SOLD XX/XX/XXXX AND THE PLAINTIFF QL QUICKEN LOANS OR WHOM EVER THE LENDER CULPRIT REALLY IS? WHY IS IT NOW SOLELY PLAINTIFF QL QUICKEN LOANS VS SUING SOLELY ONLY I XXXX WIFE WHO THEY KNEW I HAD NO JOB WHEN THEY INITIATED THE LOAN AND NEVER INITIALLY HAD SPOKEN TO XXXX HUSBAND WHO WAS NOT ON THE NOTE? WHY IS MY HUSBAND NO LONGER INVOLVED TO APPEAR ON COURT SCHEDULE AT THIS POINT QUICKEN LOAN PLAINTIFF VS NOT XXXX JUST XXXX? ON THE COURT DOCKET MOTION TO SHOW CAUSE IT READS XXXX VS QUICKEN LOANS? WHY? AND NOT THAT I WISH XXXX TO HAVE TO GO THROUGH ANY MORE HEADACHES WITH QUICKEN LOANS PLAYING GAMES! CAUSING HIM ILLNESS OF STRESS AS HE HAD HIS XXXX IN XXXX UNTIL QUICKEN LOANS STARTED PLAYING GAMES WITH OUR LIVELY HOOD FOR THEIR DEEP POCKET COMMISSION, ALLEGE. WHILE UNDER THESE ABUSIVE SUCCESS PACKAGES AND GOVERNMENT PROGRAM QUICKEN LOANS AND THEIR RESOLUTION REPRESENTATIVES REASSURING POSITIVE HELP ONLY LEADING US TO AN ABUSIVE QL COLLECTION ATTORNEY 'S CALLING IN THE ENTIRE NOTE OF 138,000 APROX. QUESTION QUICKEN LOANS REASSURING HELP AT THAT TIME OF OUR BACK FEW MORTGAGE PAYMENTS BEGAN TO CLIMB WE AWAITED THE RESULTS OF A RUN AROUND LOAN MODIFICATION SUCCESS PACKAGE AND THOSE MORTGAGE BACK PAYMENTS BEGAN ESCALATING TO NO
11/04/2019 Yes
  • Checking or savings account
  • Checking account
  • Managing an account
  • Problem using a debit or ATM card
  • CA
  • 90012
Web
We had several fraud claims filed starting XX/XX/XXXX to XX/XX/XXXX most of them have been settled except the original fraud claim number XXXX in the amount of {$1600.00} plus overdraft fees in the amount of {$37.00} for a total of {$1700.00} SEE THE 9 ATTACHED PAGES WITH THE TIME LINE AND DESCRIPTION SUMMARY. Hopefully This summary will give you a more detail description of the situation since this complaint is not a single incident but several. We contacted Sun Trust Bank on XX/XX/XXXX immediately after we noticed suspicious deposits made in our account to ask to freeze, block, close our accounts to prevent fraud from happening and also to unlink the checking and saving account to prevent overdraft transactions form taking place. We also called Sun Trust while unauthorized transactions were taking place asking Sun Trust to put STOP PAYMMENTS in place, freeze, block, close our accounts, and Sun Trust said that wasnt possible ( yet weeks later they started setting stop payments to some unauthorized transactions ) we feel Sun Trust failed to protect our account and they didnt take the time to understand we could not attend to a branch in person to verify our identity since we moved to XXXX and Sun Trust Bank does not have any locations in XXXX allowing more time to pass and more unauthorized transactions to post. There was a lot of confusion on various calls we made within the representatives some had little to no idea of the previous conversation we held with Sun Trust, they couldnt locate the notes or steps taken in previous conversations. We followed step by step all the procedures we were asked to follow in order to recuperate our money back and yet claim number XXXX was denied. When fraud was taking place in our checking account from XX/XX/XXXX to XX/XX/XXXX, I was attending work in XXXX XXXX six days out of the week. I work in XXXX XXXX as a XXXX XXXX and my husband was taking care of his XXXX XXXX business in XXXX XXXX, XXXX XXXX for the holiday season, in fact he was there from XX/XX/XXXX to XX/XX/XXXX so we couldnt had made the disputed charges. On XX/XX/XXXX My husband received a call from XXXX a Sun Trust representative her phone number is XXXX extension XXXX she asked which was our last legitimate transaction ; last transaction we made was on XX/XX/XXXX for a withdrawal made in XXXX XXXX, NV in the amount of {$200.00} plus a {$7.00} convenience fee for a total shown on the bank statement of {$200.00}. He recalls, XXXX also mentioned that after doing some investigation they could see the transactions were fraud and were made using a debit card to which he mentioned that it was not possible because he had the actual card with him. Whoever committed this transaction must had used a counterfeited debit card or some other method. We obtained a sales receipt from The XXXX XXXX XXXX showings a XXXX name on it for a purchased made with our card information. XXXX let my husband know she was going to email a rebuttal form, we needed to filled it out, sign and fax them back in order to recover the funds ; these forms were filled out and faxed back along affidavit of fraud and a fraud charge list on XX/XX/XXXX by my husband. We did not committed fraud, did not make nor authorized any transactions or allowed anyone to use or clone our debit cards. We really think that we are in this situation because of a security data breech Sun Trust was a victim of in XX/XX/XXXX in which the information of 1.5 million of customers was compromised and/or stolen. We dont think it is right for Sun Trust to deny our claim and feel so disappointed and powerless, yet hopeful that whoever receives this information in Sun Trust Bank really goes a step further and gets to the bottom of this case and approve a full refund in the amount we are owed of {$1700.00}. Our debit cards have a MasterCard logo on it and it is our understanding both companies have a policy that costumers are not responsible for fraud or unauthorized transactions. XX/XX/XXXX open claim number XXXX over the phone. This claim was denied over an email received on XX/XX/XXXX XX/XX/XXXX received a call from Sun trust representative XXXX. she was going to mail some form that we needed to submit. XX/XX/XXXX we received a fraud charge list and an affidavit of fraud which XX/XX/XXXX we faxed back a fraud charge list and an affidavit of fraud to XXXX XX/XX/XXXX received an email containing a Rebuttal Form XX/XX/XXXX filled out rebuttal form and faxed to XXXX along a fraud charge list and an affidavit of fraud XX/XX/XXXX received an email stating that the rebuttal form failed to offer any additional details that would overturn the original decision rendered on our case. The only thing XXXX mentioned to include was our last legit transaction ; which we did include. XX/XX/XXXX contacted Sun Trust to ask which details they needed us to provide and they couldn't specify what information they wanted from us. We also requested a copy of all documents used in decisioning our claim XX/XX/XXXX contacted Sun Trust to follow up on documents requested, they said there were no records of such request and submitted a second request. XX/XX/XXXX followed up on the second request to obtain documents, once again Sun Representative stated there were no records, call was escalated to a supervisor and the request was submitted again for a third time. XX/XX/XXXX received an email stating that we had requested the documents and that such documents were enclosed. the only document enclosed was a copy of letter they had email us on XX/XX/XXXX. XX/XX/XXXX contacted Sun Trust again and we were told the case had been closed and that there was nothing else to be done. Hi, I XXXX and husband XXXX opened a Joint checking and a savings account in XXXX XXXX in XXXX with Sun Trust Bank. XX/XX/XXXX My husband called Sun Trust when we noticed suspicious activity posted on our checking account. We noticed two credits posted on our checking account # ending on XXXX on XX/XX/XXXX one credit in the amount of {$.00} cents and a second credit for {$.00} cents from XXXX The same day a debit in the amount of {$.00} cents was posted also from XXXX I knew my husband or I had never done business with XXXX using our Sun Trust Bank accounts so my husband contacted Sun Trust to express our concern of our account being compromised. My husband asked if there was a way to freeze or close the accounts, shut down the debit cards or other ways to protect our money and bank accounts. At this point they said, they were going to look into the matter and that they were going to open a claim ( Claim number XXXX ). They also advised us to stop by a branch to verify our identity. I informed them that stopping in person by a branch was not an option since my husband and I had moved to XXXX and that Sun Trust didnt have any locations in XXXX. They also said, that they couldnt freeze the account and that we were responsible of any charges on the account. XX/XX/XXXX a debit from XXXX in the amount of {$5.00} had posted, my husband contacted Sun Trust and let them know that it was not a legitimate debit and we wanted to opened a claim. We were given provisional credit for {$5.00} on XX/XX/XXXX. My husband also asked to escalate the call to a supervisor hoping that the supervisor could help us to protect the accounts and stop all payments, freeze or close the accounts, he was told, that they were not going to be able to stop any payments coming to the account. Again, we were told to stop in person in a branch. My husband explained once again that we no longer lived in XXXX and that there were no branches in XXXX, that we needed to conduct business by phone, online or another way but one thing was clear that we needed help protecting our money. My husband tried to pursue our ways to keep us from losing more money since we felt we were on our own and that we could not count with Sun Trust to protect our money. We came up with the idea to ask Sun Trust for help wiring the money to another account under my husband name in another bank institution, he was told, they could not authorize the wire over the phone. My husband again asked them to set stop payments, to freeze, close the accounts, or to give us other options, the response from Sun Trust was, they could not help us over the phone and did nothing. My husband mentioned to them that he couldnt understand how our other bank institutions would block the accounts right away after they notice suspicious activity in the accounts and that Sun Trust wasnt doing anything about it even though we were calling to inform them of what was happening. He tried to reason with them telling them that if we were trying to commit fraud ourselves why would we be calling Sun Trust to ask to freeze or close the accounts, that It didnt make sense. We were concerned about our savings account being linked to the checking account as overdraft protection and since Sun Trust Bank would not freeze, block close the account or do anything to protect our money from our checking account or stop any unauthorize transactions. My husband asked Sun Trust to unlink the saving from the checking to prevent funds being transfer to our checking account and protect our savings. Again, the response from Sun Trust bank representative was, that they could not unlink the accounts. At this point we are afraid, feeling powerless and in disbelieve that Sun Trust would not help us at all and fearing that all of our money could be at risk and we could be a victim of fraud and Sun Trust Bank was not willing to protect the accounts and/or our money. On early conversations we held with Sun Trust there were many misunderstandings and confusion because every time we would be talking to a new representative and explaining the situation over and over again sometimes they couldnt find the notes that the previous representative had taken, and according to some representatives, sometimes there were no notes made we also feel Sun Trust representatives did not take the time to understand our situation of us not being able to attend in person to a branch since we live in the XXXX and there are no Sun Trust locations in XXXX this allowed more time for the fraud to escalate. We continue to monitored both accounts constantly for the next couple of weeks and we did not notice any unusual activity and thought Sun Trust had upped the security levels in our account and that our accounts were protected once again. XX/XX/XXXX, unfortunately what we feared and tried to prevent became reality starting XX/XX/XXXX. My husband noticed unauthorized transactions on our checking account and called Sun Trust Bank right away to notify them that there were unauthorized transactions on our checking account and wanted to freeze, block or close the account and also wanted to dispute all transactions on the account beginning on XX/XX/XXXX ( case number XXXX in the amount of {$1600.00} opened over the phone ). Again, Sun Trust said, they could not help us over the phone and to visit a Sun Trust branch, my husband told them we did not live in XXXX anymore and needed help to resolve this matter in another way without us being there in person. He even asked them if we could give a notarized affidavit to a friend or family member so they could go to a Sun Trust Bank in our behalf. He explained to them how could it be possible that Sun Trust could not even help us to freeze or close the account to protect our money and the response was the same, that they can not help us over the phone. We were frustrated and told them how disappointed we were in Sun Trust, we expressed to them our past experiences with XXXX XXXX and XXXX XXXX XXXX these two bank institutions would freeze or block the accounts as soon as they detected suspicious activity and even went a step further and would contact us to verify each transaction. We couldnt believe Sun Trust would not protect our accounts even though we were calling them to report the fraudulent transactions once again and prevent more transactions from taking place. More transactions continue to appear and the balance on the checking account started to run low and since the savings account was linked to the checking it was going to start to provide overdraft protection and we feared of losing all of our savings as well. We called again and asked to unlink the accounts before any funds from the savings were withdrawn as overdraft transfers and prevent losing more money. That fear became a reality as more transactions continue to post overdrawing the checking account at which point the money from the savings account started to provide overdraft protection to the checking account in the following amounts : XX/XX/XXXX overdraft transferred in the amount of {$400.00}, XX/XX/XXXX overdraft in the amount of {$140.00} and a final overdraft transfer on XX/XX/XXXX in the amount {$37.00} in a total of {$580.00} in overdraft transfers. Each overdraft transfers also triggered a fee of {$12.00} per transfer made adding up to a total of {$37.00}. We were able to unlink the accounts on our own after we did some research and were able to unlink our saving from our checking account using online banking on XX/XX/XXXX since Sun Trust let us know the bank could not unlink the account. Unfortunately, it took a few days for the change to go into effect allowing a couple more overdraft transfers to take place. XX/XX/XXXX. My husband called the fraud department at XXXX to open a dispute for fraud charges made now to the savings account ending on XXXX in the amount of {$5700.00} CASE NUMBER XXXX for the following charges : XX/XX/XXXX {$4.00} XXXX, XX/XX/XXXX XXXX XXXX bill pay {$2600.00}, XX/XX/XXXX XXXX online payment {$3100.00}. This time Sun Trust Bank put a stop payment on all three transaction ( see documents attached ) we were happy to noticed how Sun Trust was finally catching up, understanding the situation and finally doing something about it. We were relief and wished Sun Trust would had taken the same steps since the beginning and had set those stops payments in our checking account as well. How is it possible they were able to take this step now, but they refused to set stop payments since the beginning in our checking account when we requested it a few times. On this day my husband also contacted Customer Care Department to dispute the overdraft fees, they said they could not help him and asked him to contact Account Security Department at XXXX to help us make sure the overdraft protection from the savings to checking had kicked in and/or to help us unlink the accounts and ask how we could recover the overdraft protections fees. This time they were going to make sure what we have done to unlink the accounts using online banking had taken place and if for whatever reason the accounts were still link, they were going to unlink them themselves. We were happy to hear that and started to feel like Sun Trust was finally stepping up and started to do the right thing and help us, we started to regain a sense of trust worthiness in our bank institution once again and trusted they would recover our money and credit it back to us. XX/XX/XXXX, we received an email regarding case XXXX for fraud in our savings account XXXX. This email contained three written statements of unauthorized debit forms, in the amount of {$5700.00} CASE NUMBER XXXX for the following charges : First on XX/XX/XXXX from XXXX in the amount of {$4.00}, Second on XXXX/XXXX/XXXX from XXXX XXXX bill pay in the amount of {$2600.00}, third on XX/XX/XXXX from XXXX online payment in the amount of {$3100.00}. XX/XX/XXXX My husband received a call from XXXX a Sun Trust representative her line number is XXXX extension XXXX regarding case number XXXX in the amount of {$1600.00} from our checking account. In this call they talked about how Sun Trust had denied the original case that was opened over the phone. They discussed which was the last legitimate transaction we had made to which he let her know it was in XX/XX/XXXX for a withdrawal made in XXXX XXXX, NV in the amount of {$200.00} plus a {$7.00} convenience fee for a total shown on the bank statement of {$200.00}. She also mentioned that after doing some investigation they could see the transactions were fraud made using a debit card to which he mentioned that that was not possible because we had the actual card with. We are no experts but thats what the people that committed fraud does to make it look that way, or someone could have clone our card, etcetera there could be many scenarios, but for sure we did not make nor authorized any transactions or allowed anyone to use or clone our debit cards. Hackers hack accounts and still all the information they needed to commit fraud in many ways that we are not even aware of. This conversation made us recall a big breech Sun Trust was a victim of in XX/XX/XXXX about 6 months before we had this happened in our account. We believe we are victims of the security breech That Sun Trust went through in which an actual Sun Trust Bank employee committed this breech successfully stealing information of 1.5 million customers. XXXX let my husband know she was going to email a rebuttal form, we needed to filled them out, sign and fax them back in order to recover the funds ; these forms were filled out and faxed back along affidavit of fraud and a fraud charge list on XX/XX/XXXX by my husband. Please see documents attached. XX/XX/XXXX, we received an email from Sun Trust denying case # XXXX in the amount of {$1600.00} for fraudulent transactions posted on our checking account from XX/XX/XXXX to XX/XX/XXXX due to an action taken by SunTrust and that we would assume full responsibility for the debits and associated fees. To which we think it is outrageous since we did not make those transactions nor authorized them. Please see letter attached dated XX/XX/XXXX. Our debit card has a Mastercard logo on it and is our understanding Sun Trust as well as MasterCard have a policy that costumers are not responsible for fraud or unauthorized transactions. see letter is attached. We also didnt give much importance to the letter since we had just talk to XXXX the day before and we new a new action was taken and we had to wait for the rebuttal form and faxed it back. XX/XX/XXXX we were given a provisional credit in the amount of {$5700.00} from claim number XXXX XX/XX/XXXX, we called to inform Sun Trust of yet another unauthorized transaction in the amount of {$980.00} case number XXXX XX/XX/XXXX, received an email containing the written statement of unauthorized debit form in the amount of {$980.00} posted on XX/XX/XXXX case number XXXX. XX/XX/XXXX, we received a new email with the same forms we had received on XX/XX/XXXX for case number XXXX. My husband filled out and faxed the forms back on XX/XX/XXXX to XXXX XXXX XX/XX/XXXX. My husband called the fraud department at XXXX to let them know there were two suspicious credits in our savings account. On XX/XX/XXXX Credit from U.S Bank for $ .XXXXcents, on XX/XX/XXXX XXXX XXXX credit for {$.00} cents and a Debit in the amount of {$.00} cents from XXXX XXXX on XX/XX/XXXX. The representative opened a new claim in the amount {$.00} cents for such transactions. XX/XX/XXXX, He also reported two pending transactions that were made in the amounts of {$200.00} and {$250.00}. The Representative stated, that there was not going to be a case number because the system was down at the moment, but that we would receive the documents for these cases over the mail that we needed to filled them out and mail them back to them. The Representative also mentioned, he was going to enter the information into the system when the system was back up and running. That he was also placing a stop payment on those transaction and that we would receive confirmation over the mail. The representative also mentioned, he was going to contact the Internal Department on our behalf ( since he was not authorized to provide their direct phone number ) so they could freeze our accounts we were unable to go into a branch in person and also was going to ask them to set a NO DEBIT STATUS on the account so no new transactions would post on the accounts either by us or anyone else till the cases and investigations were completed. My husband mentioned to him how we just wish they would had taken such steps since we contacted them before the fraud had taken place on the checking and savings account, that we didnt understand how it was possible that we were told, they could not do anything to protect the accounts and set the NO DEBIT STATUS back then ; we contacted them before the transactions posted, and also while the fraud charges were occurring on our checking account and before they were able to make any overdraft transfers and also before fraud in the savings account started to occur in order to prevent all of this from happening. XX/XX/XXXX, my husband contacted Sun Trust to follow up on the claim he made over the phone the day before and also to double check and make sure the NO DEBIT STATUS was in place. The representative mentioned, the charges made on XX/XX/XXXX in the amounts of {$200.00} and {$250.00} had fallen out and that they were not going to show on the statement since they were not paid. On the same phone call, they confirmed the the no debit status had been placed. XX/XX/XXXX We re-open case # XXXX Sun Trust email us a fraud charge list form and an affidavit of fraud ; my husband XXXX XXXX filled out the affidavit of Fraud, Fraud charge List and faxed them back to Sun Trust for claim number XXXX in the amount of {$1600.00} from our checking account Please see attached forms that were faxed to Sun Trust. XX/XX/XXXX, opened a new claim in our savings account in the amount of {$4500.00} ( claim number XXXX XXXX XX/XX/XXXX my husband faxed a filled out written statement of unauthorized debit form that was email to us for case number XXXX. We received a full credit back into our account on XX/XX/XXXX as stated on a letter we received on XX/XX/XXXX from Sun Trust. XX/XX/XXXX, XXXX XXXX XXXX opened a new claim on our savings account in the same amount as before for {$4500.00} ( claim number XXXX ) this claim was denied on XX/XX/XXXX because it was considered a duplicate of case XXXX. However, we could see online therefore two different withdrawals made for {$4500.00} and we made both claims because there were to separate transactions at the time the claims were made. What happened was that there was the first withdrawal of {$4500.00} and when we contacted Sun Trust and opened case number XXXX, Sun Trust refunded the money or gave us temporary credit for the whole {$4500.00} then a second withdrawal or another attempt to withdraw {$4500.00} was made and thats when we contacted Sun Trust again and open the new claim for the same amount of {$4500.00} case number XXXX. Sun Trust had credited us both claims in the amount of {$4500.00} each but adjustments were made in the account and the extra {$4500.00} were taken back by the bank on XX/XX/XXXX. XX/XX/XXXX, we filed a new claim in the amount of {$980.00} for a charge made in the savings account. Case number XXXX Sun Trust put a Stop Payment ( see documents attached and payment was never made we received a full refund ) I mentioned to them that my understanding was that the account had a NO DEBIT STATUS in placed so no transactions were going to post in the account whether they were made by us or anybody else. how was possible that this transactions were taking place if the account had A NO DEBUT STATUS in place? I was told by the Fraud Support Unit that I needed to contact the CARE DEPARTMENT at XXXX to close or freeze the account, which it was exactly what we had asked them to do numerous times before. My husband contacted CARE DEPARTMENT and they transferred him to ACCOUNT SECURITY & CLAIM at XXXX he was on this phone call for about 178 minutes ( close to 3 hours ). He was given the following phone numbers SALES DEPARTMENT ( to open a new account ) they mentioned, we needed to open new accounts so they could deposit the credits from the previous claims and any money left on the savings account before they could close the savings account. XXXX, to close the accounts to contact CONSUMER CARE at XXXX and to follow up on case number XXXX and new case number XXXX to dial XXXX. XX/XX/XXXX, we received an email from Sun Trust containing a rebuttal form for claim number XXXX in the amount of {$1600.00} we were advised to mention on the rebuttal form which was our last legitimate transaction and to fax it to XXXX we faxed it back along the affidavit of fraud and fraud charge list forms to Sun Trust on XX/XX/XXXX XX/XX/XXXX, My Husband called to get help opening a new account. He was told they couldnt open an account for us at this point. They said for us to contact the Fraud Department to make notes on our current account before we would be eligible to open a new account with sun Trust. They transferred him to SECURITY DEPARTMENT to have it done ; however, the phone call dropped while holding to be transferred. My husband was given the contact information for a representative by the name of XXXX at XXXX at the sales department with extension XXXX to get help opening a new account. XX/XX/XXXX, we also received a call from the Fraud Department letting us know we had a credit of {$6100.00} as of XX/XX/XXXX in the savings account. This balance of {$6100.00} includes the funds from claim number XXXX in the amount of {$5700.00} and any money that was left on the original saving account. We were expecting to have a total of {$6700.00} credited back to us in our account since that was the balance we had as of XX/XX/XXXX before any fraud occurred. They mentioned that there had been 3 overdraft transfers made to our checking account in the amount of {$580.00} that this amount should account for the difference. But is not the case based on the following math : balance in saving account as of XX/XX/XXXX before fraud took place {$6700.00} minus refund given to us in the amount $ XXXX {$580.00} that leave our savings account with a deficit of - {$5.00}. XX/XX/XXXX My husband faxed a rebuttal form dated XX/XX/XXXX for case number case # XXXX in the amount of {$1600.00} for fraudulent transactions posted on our checking account from XX/XX/XXXX to XX/XX/XXXX in which he states we wanted a full credit on our checking account for {$1100.00} which is the amount we had in our checking account as of XX/XX/XXXX before the fraud took place. My husband also stated we expected a full refund of {$6700.00} credited back in our new savings account since that was the balance as of XX/XX/XXXX before any fraud occurred. This was the first and only time we submitted the rebuttal form after we had our conversation with Sun Trust representative by name XXXX at XXXX extension XXXX on XX/XX/XXXX in our conversation, she mentioned that we should state which was our last transaction and on which amount and thats what we did. See documents attached. XX/XX/XXXX, Rebuttal form was received and updated in their system they said it could take up to 45 days for a final decision. I was advised to contact the SALES CONSUMER DEPARTMENT to open a new account. Customer Care Department at XXXX Opt XXXX. XXXX XXXX or XXXX ( dont know the right spelling ) ext XXXX XX/XX/XXXX, I received an email from Sun Trust in reference to case number XXXX from fraud in our savings account in the amount of {$980.00}. The letter stated that after investigating the claim they concluded the initial amount of {$980.00} never posted and that they removed the initial incident from the case. XX/XX/XXXX, new accounts were created checking essential account # XXXX we founded the account with {$500.00} using my husband XXXX XXXX Account. New essential savings account # XXXX Sun Trust transferred the funds from the old savings account # XXXX into the new savings account in the amount of {$6100.00}. Also, we agreed to closed the old savings Account completely. It took 3 months to close the account. XX/XX/XXXX, my husband contacted Sun Trust to follow up on case # XXXX after we had received an email dated XX/XX/XXXX stating the claim was denied based on the fact that the rebuttal letter we had Submitted failed to offer any additional details that would overturn the original decision render in our case. My husband asked the representative to help him understand which additional information they wanted from us, to tell him over the phone or email which documents or information they expected us to provide them with to which they said, they couldnt tell us or provide us with any links online that would help us understand or state which information or documents we were supposed to include along the rebuttal form. My husband asked the representative to put himself in our place and see how difficult would be for us to provide them with something we had no idea what it was they wanted from us. We were so disappointed that we had waited 45 days trusting Sun Trust would do right by us and for Sun Trust to conduct an appropriate investigation, gathering signed sale receipts, ask for surveillance video or photos from businesses and/or ATM machines were the fraud charges were made, etcetera. We expected for Sun Trust to have evidence and prove who and/or how the fraud was done and where and how it had taken place, especially since they had already mentioned over the phone in earlier conversations they could see the transactions were fraudulent and all we needed to do was to submit the rebuttal form. At this point we were furious and opted to request a copy of all documents that were used in decisioning our claim as it was stated on the letter, we received from Sun Trust ( see letter attached ) dated XX/XX/XXXX they said, they were supposed to mail those documents to us. My husband also mentioned to them that he didnt think Sun Trust had done right by us and that we felt victimized by Sun Trust and that we had been forced to look for additional help to settle this fraud case because it was not okay for them to deny our claim and also we couldnt give up on the money we were losing because of their refusal and incompetence to freeze, block or close the accounts and/or to set stop payments. We are owed {$1600.00} from claim number XXXX plus the overdraft fees they had incurred ; each overdraft fee cost us {$12.00}, x times 3 overdrafts = equals {$37.00} for a total of {$1700.00} Since we mentioned to them we had been forced to seek additional help Sun Trust has Shut down to provide us with any information and has denied the chance to re-opened the case once again to provide them with the additional details, they want from us once they clarify which details or information, they expect from us. We really have no idea as of what to do and what is they want us to provide them with, is not our area of expertise. They have a whole fraud department and have dedicated years and millions to become experts in the financial and fraud industry. We really think that we are in this situation because the security data breech Sun Trust was a victim of in XX/XX/XXXX i
05/11/2018 Yes
  • Money transfer, virtual currency, or money service
  • Mobile or digital wallet
  • Managing, opening, or closing your mobile wallet account
  • GA
  • 30044
Web
Paypal Has Unfairly & Unjustly Limited My Account without looking at the Facts or Giving Me Any Absolutely Any Right to Appeal at All & Will Not Even read or Take the Time to Look at the Facts at All, They Refuse to 3 Way with XXXX or My Credit Card Company or Even Look at Any of My Letters, They Just Keep Telling Me Their Decision Has Been Made & It is Irreversible. But I Have 100 % Positive Feedback & Spend Over {$10000.00} a Year & Am in Good Standing with Both & They Wan na Know Why Your Blocking Their Money as Well??? From : XXXX XXXX XXXX : Did you get your refund? XX/XX/XXXX at XXXX XXXX PayPal Customer Support : No I Have Not Received My Refund Yet & Also, What High Risk Behavior Do You Speak of??? This is Totally Unfair & I Am Being Judged out of Character without the Ability to Appeal ... You Say & Claim Buyer Protection, Now PLEASE Read Carefully as It Was By Your Own Agents Advice & Doing That These Claims Were Set Up & All Won in My Favor at That, and Yes a High Transaction Rate, Unusually High for an Unusually High Volume of Purchases, This is Totally Unfair & Unjust. You Need to Look at Each One of These Individually Not Just as Another Number ... As the Limitation is Unfair & Unjust, and Both My Credit Card Company as Well as XXXX are Willing to Do a 3 Way Call with You as to Vouch for Me & My Character as Well as to the {$1000.00} 's & {$1000.00} 's of Dollars a Year That Your All Loosing Out on With These Foolish & Unjustified Limitations, Especially My Credit Card Company & XXXX as That's What Their There for & Your Limiting Their Use for No Reason & What I Don't Need is Anymore Computerized Impersonal Automated Responses as That Seems to Be One of the Biggest Problems Here & No One is Listening or even giving Me a Fare Chance as the Limitation is horrible, unfair & unjust as its not just like this is an item i just didnt care for or just isnt like the shade of pink, this is as most of my of my refunds an item not received. i really need Paypal to re-evaluate my situation & give me a second chance to show & prove to them & let the number ratio 's speak for them selves ... i do a great deal of business here & on XXXX, over {$10000.00} a year as i was told by one of your agents the other day & i have 100 % Positive feed back and this kind of limitation & treatment by Paypal is just not fare and i was never given any chance to appeal, it just flat out said my appeal was denied without ever giving me the chance to talk to anyone or present any of my evidence. all my Paypal & XXXX cases have been won in my favor, i am not here to scam anyone & the majority have been for items not received. any others where complete scams & completely not as described or damaged items, this is due to no fault of my own & is not any more pleasant for me than it is for any of you ... in fact it is most disappointing & most trouble some & inconvenient, as i am disabled & doing returns is not at all easy for me in the first place & it is costly & takes time, paper, ink & repacking ect, this is not my cup of tea at all & i do not take it lightly & yet you ( Paypal ) block me like i am some kind of threat to society & do not even give me a second chance or any kind of appeal or even hear me out about this matter & it makes no sense at all whilst your loosing tons of business in the meantime, not even realizing the reality of life is that you offer buyer protection & this sort of thing unfortunately happens, especially when you do business & the rate of transactions at the rate that i do & maybe instead of blocking or so called limiting me, maybe it's these sellers that you truly need to look more into & their track record & their feed back history. the other thing is, is that i have only ever done & followed the route that Your Very Own Agents have advised me to do, you Paypal need to go back & listen to Your Own Call History Log Before You Wan na Judge or put any kind of Limitations on my account, thank you ... thank you very much, truly & most sincerely, XXXX XXXX XXXX From : PayPal Customer Support Re : Did you get your refund? XX/XX/XXXX at XXXX XXXX Dear XXXX XXXX, We appreciate your interest in PayPal. Unfortunately, our decision to limit your account is final. PayPal reserves the right to limit any account that is involved in high risk behavior -- including accounts that have an unusually high transaction reversal rate. As a result of this limitation you will not be able to send or receive funds and we will suspend any open claims and we will deny these claims. Your purchases are no longer eligible for PayPal Buyer Protection, and future claims will be denied. Please feel free to continue and pursue a resolution directly with the seller. If you require additional assistance, or have any concerns, feel free to contact us directly at XXXX. Thank you, XXXX PayPal Protection Services Department XXXXopyright XX/XX/XXXX-XX/XX/XXXX PayPal. All rights reserved. From : XXXX Sent : Thursday, XX/XX/XXXX XXXX XXXX ( +01:00 ) Subject : Re : Did you get your refund? nope ... still waiting & i was told by a real nice lady agent named XXXX that it would be on the XX/XX/XXXX, but still nothing. another agent told me she was mistaken & it would be on the XX/XX/XXXX & here it is the XX/XX/XXXX & still nothing. i'd like to move on, got other things i'd like to buy & do on here, but i hate paypal ... never can trust em. nor these sellers with item From : PayPal Customer Support Re : Did you get your refund? XX/XX/XXXX at XXXX XXXX Hello XXXX XXXX, Thank you for contacting us about your limitation. The decision to limit your account is final and will not be overturned We've denied your appeal. We've advised you of our reason ( s ) in previous emails. We understand that you're dissatisfied with the outcome, but we can not grant an appeal for the reason you provided. Any further appeals or emails for the same reason won't be responded to. I suggest you find an alternative online payments provider, as PayPal has decided to no longer provide our services to you. Thank you for your time. Yours sincerely, XXXX PayPal Copyright XX/XX/XXXX-XX/XX/XXXX PayPal. All rights reserved From : XXXX XXXX XXXX : Did you get your refund? XX/XX/XXXX at XXXX XXXX XXXX Customer Support : You Can't honestly Say That You've Denied My Appeal When You've Never Even Farley Given Me One, What to Speak of Even Taken the Time To Even Look at the Evidence or Even Read One of My Letters as the Limitation is horrible, unfair & unjust as its not just like this is an item i just didnt care for or just isnt like the shade of pink, this is as most of my of my refunds an item not received. i really need Paypal to re-evaluate my situation & give me a second chance to show & prove to them & let the number ratio 's speak for them selves ... i do a great deal of business here & on XXXX, over {$10000.00} a year as i was told by one of your agents the other day & i have 100 % positive feed back and this kind of limitation & treatment by Paypal is just not fare and i was never given any chance to appeal, it just flat out said my appeal was denied without ever giving me the chance to talk to anyone or present any of my evidence. all my Paypal & XXXX cases have been won in my favor, i am not here to scam anyone & the majority have been for items not received. any others where complete scams & completely not as described or damaged items, this is due to no fault of my own & is not any more pleasant for me than it is for any of you ... in fact it is most disappointing & most trouble some & inconvenient, as i am disabled & doing returns is not at all easy for me in the first place & it is costly & takes time, paper, ink & repacking ect, this is not my cup of tea at all & i do not take it lightly & yet you ( Paypal ) block me like i am some kind of threat to society & do not even give me a second chance or any kind of appeal or even hear me out about this matter & it makes no sense at all whilst your loosing tons of business in the meantime, not even realizing the reality of life is that you offer buyer protection & this sort of thing unfortunately happens, especially when you do business & the rate of transactions at the rate that i do & maybe instead of blocking or so called limiting me, maybe it's these sellers that you truly need to look more into & their track record & their feed back history. the other thing is, is that i have only ever done & followed the route that your very Own Agents have advised me to do, you Paypal need to go back & listen to your Own Call History Log before you wan na judge or put any kind of limitations on my account, thank you ... thank you very much, truly & most sincerely, XXXX XXXX XXXX From : XXXX XXXX Questions about account limitations XXXX XX/XX/XXXX at XXXX XXXX PayPal Customer Support : The Limitation is Unfair & Unjust, and Both My Credit Card Company as Well as XXXX are Willing to Do a 3 Way Call with You as to Vouch for Me & My Character as Well as to the {$1000.00} 's & {$1000.00} 's of Dollars a Year That Your All Loosing Out on With These Foolish & Unjustified Limitations, Especially My Credit Card Company & XXXX as That's What Their There for & Your Limiting Their Use for No Reason & What I Don't Need is Anymore Computerized Impersonal Automated Responses as That Seems to Be One of the Biggest Problems Here & No One is Listening or even giving Me a Fare Chance as the Limitation is horrible, unfair & unjust as its not just like this is an item i just didnt care for or just isnt like the shade of pink, this is as most of my of my refunds an item not received. i really need Paypal to re-evaluate my situation & give me a second chance to show & prove to them & let the number ratio 's speak for them selves ... i do a great deal of business here & on XXXX, over {$10000.00} a year as i was told by one of your agents the other day & i have 100 % Positive feed back and this kind of limitation & treatment by Paypal is just not fare and i was never given any chance to appeal, it just flat out said my appeal was denied without ever giving me the chance to talk to anyone or present any of my evidence. all my Paypal & XXXX cases have been won in my favor, i am not here to scam anyone & the majority have been for items not received. any others where complete scams & completely not as described or damaged items, this is due to no fault of my own & is not any more pleasant for me than it is for any of you ... in fact it is most disappointing & most trouble some & inconvenient, as i am disabled & doing returns is not at all easy for me in the first place & it is costly & takes time, paper, ink & repacking ect, this is not my cup of tea at all & i do not take it lightly & yet you ( Paypal ) block me like i am some kind of threat to society & do not even give me a second chance or any kind of appeal or even hear me out about this matter & it makes no sense at all whilst your loosing tons of business in the meantime, not even realizing the reality of life is that you offer buyer protection & this sort of thing unfortunately happens, especially when you do business & the rate of transactions at the rate that i do & maybe instead of blocking or so called limiting me, maybe it's these sellers that you truly need to look more into & their track record & their feed back history. the other thing is, is that i have only ever done & followed the route that Your Very Own Agents have advised me to do, you Paypal need to go back & listen to Your Own Call History Log Before You Wan na Judge or put any kind of Limitations on my account, thank you ... thank you very much, truly & most sincerely, XXXX XXXX XXXX XXXX RE : Re : RE : Re : Did you get your refund? SR # XXXX Hello XXXX, Im sorry to hear that youre running into some issues with Paypal. I was able to detect the refunds here on our end and would ask that you check out the detailed view of your activities page of Paypal to see the addition to your account. I have included the information below for your reference. XXXX ID : XXXX STATUS : REFUNDED DATE : XX/XX/XXXX XXXX PM ACTION : CREDIT AMOUNT : XXXX XXXX XXXX ID : XXXX STATUS : REFUNDED DATE : XX/XX/XXXX XXXX XXXX ACTION : CREDIT AMOUNT : XXXX XXXX I tried to give you a call to see if we can get Paypal conferenced in with us to try and see if there was anything we can do to help clear this up for you but unfortunately the number on file I used did not connect me. Please feel free to give us a call to see if there is anything we can do to help. Normally with Paypal security blocks there is not too much ebay can do now that we are separate companies, but we are always willing to give it a try. We definitely appreciate your years of support and continual loyalty to XXXX and we want you to know that we look forward to serving you better in the future. Please contact us further if there is anything we can do to help. XXXX Thanks, XXXX Re : RE : Re : Did you get your refund? SR # XXXX XXXX To : XXXX, XXXX, XXXX, XXXX, XXXX and 5 more ... XX/XX/XXXX at XXXX XXXX as far as i know, it still does not show up in my account & paypaXXXX shows no record of it by any of the transaction numbers that i have been given by XXXX ... SR # XXXX - We couldn't find anything for XXXX. Try a new search. - We couldn't find anything for XXXX. Try a new search. - We couldn't find anything for SR # XXXX. Try a new search. this is horrible as its not just like this is an item i just didnt care for or just isnt like the shade of pink, this is as most of my of my refunds an item not received. i really need paypal to re-evaluate my situation & give me a second chance to show & prove to them & let the number ratio 's speak for them selves ... i do a great deal of business here & on XXXX, over {$10000.00} a year as i was told by one of your agents the other day & i have 100 % positive feed back and this kind of limitation & treatment by paypal is just not fare and i was never given any chance to appeal, it just flat out said my appeal was denied without ever giving me the chance to talk to anyone or present any of my evidence. all my paypal & XXXX cases have been won in my favor, i am not here to scam anyone & the majority have been for items not received. any others where complete scams & completely not as described or damaged items, this is due to no fault of my own & is not any more pleasant for me than it is for any of you ... in fact it is most disappointing & most trouble some & inconvenient, as i am disabled & doing returns is not at all easy for me in the first place & it is costly & takes time, paper, ink & repacking ect, this is not my cup of tea at all & i do not take it lightly & yet you ( paypal ) block me like i am some kind of threat to society & do not even give me a second chance or any kind of appeal or even hear me out about this matter & it makes no sense at all whilst your loosing tons of business in the meantime, not even realizing the reality of life is that you offer buyer protection & this sort of thing unfortunately happens, especially when you do business & the rate of transactions at the rate that i do & maybe instead of blocking or so called limiting me, maybe it's these sellers that you truly need 2 look more into & their track record & their feed back history. the other thing is, is that i have only ever done & followed the route that your very own agents have advised me to do, you paypal need to go back & listen to your own call history log before you wan na judge or put any kind of limitations on my account, thank you ... thank you very much, truly & most sincerely, XXXX XXXX XXXX XXXX To : XXXX, XXXX XX/XX/XXXX at XXXX XXXX XXXX : Reference ID : XXXX PP XXXX / Please Remove Limitations, * I am Innocent & You Have No Reasons & No Proof. XX/XX/XXXX at XXXX XXXX Dear XXXX XXXX, We've found that your PayPal account is directly related to another account which we've limited for misuse of our policies. As such, your PayPal account has also been limited and any open claims you may have filed will be denied. Any attempt to open a new account will result in the same action. Please send any questions you may have to XXXX. Thank you, XXXX Protection Services Department Copyright XX/XX/XXXX-XX/XX/XXXX PayPal. All rights reserved. From : XXXX Sent : Saturday, XX/XX/XXXX XXXX PM ( XXXX ) Subject : RE : XXXX ID : XXXX ( XXXX ) PayPal Customer Support : PP XXXX??? XXXX You People Need To Call Me & Drop This Limitation Immediately as None of This is True & I Have No Association with Any Other Account & I Have Done Nothing Wrong Here What So Ever. I Have Provided You with Plenty of Proof & Plenty of Good Business Over the Years .and You Have Shown Me Nothing & No Proof of Anything & Have Totally Mistreated Me & Have No Right What So Ever to Be Treating Me This Way as I Have Done ABSOLUTELY NOTHING WRONG. - Thank You Very Much. XXXX XXXX XX/XX/XXXX Dear XXXX XXXX, We appreciate your interest in PayPal. Unfortunately, our decision to limit your account is final. PayPal reserves the right to limit any account that is involved in high risk behavior -- including accounts that have an unusually high transaction reversal rate. As a result of this limitation you will not be able to send or receive funds and we will suspend any open claims and we will deny these claims. Your purchases are no longer eligible for PayPal Buyer Protection, and future claims will be denied. Please feel free to continue and pursue a resolution directly with the seller. RE : Reference ID : XXXX XX/XX/XXXX at XXXX XXXX XXXX Customer Support : what, what are you talking about now??? there are no other accounts & i have never done anything to misuse any of your policies. if you look into these cases you will see perfectly clear that everything is legitimate. I NEED & WANT TO SPEAK TO A MANAGER OR A SUPERVISOR IN THIS MANOR AS THIS IS ABSOLUTELY RIDICULOUS & UNTRUE, I AVE DONE NOTHING WRONG HERE. THIS CASE NEEDS TO BE SERIOUSLY REVIEWED. XXXX Please Look it Up ... XXXX I Have Rights Here to & This is a Violation & Non of This is True ... I Used My By Protection Legitimately Against a Very Shady Company That You Should Be Harassing NOT Me, and if This Doesn't Cease & Assist I Will Have to Take Further Leagal Action as You Are Hindering Me & My Business, and Falsely Accusing Me. STOP TREATING ME LIKE A NUMBER & A STATISTIC ... I'M A PERSON TO, AND I TRULY DIDN'T DO ANYTHING WRONG HERE AT ALL. Let My Feedback & Reputation Speak for Itself ... dhsoul ( 862 ) 100 % positive feedback Item as described, fast shipping, would do business with again. 5 stars! XX/XX/XXXX * You ( PAYPAL ) is Just Selling Itself Short, Your Cutting Off Your Nose Despite Your Face!!! XXXX How in the world can my account be limited or suspended when all i have ever done was try to protect my self from being ripped off from a particular dishonest seller & now your trying to punish me in return, absolutely ridiculous & absurd, i can not believe this & this has to be listed immediately, paypal claims that it has buyer protection, this is a joke & this is totally unfair punishment for something that was totally out of my hands as i can not help that a seller has totally scammed me & i would have thought that you all would have stood up for me alot more & now i m being punished like this in return. this is lawsuit material right here folks & you had better clear this up right away as this is not in the least bit cute & you need to fix & remove this so called limitation right now, thank you very much. And How in the World Does a Legitimate Item Not Received Claim ... Constitute Any Kind of Abuse of the System??? the System & the Seller Here Seams to Be More Than Abusing Me ... As i had legitimate case in which i was awarded, i'm sorry if you didnt like that ... but i thought that's what buyer protection was about, as i was abused!!! not trying to abuse your stupid system, now your just trying to abuse me even further and you had better quite & you had better lift this so called ban of limitations now!!! AS PAYPALS JUST CRYING BECAUSE YOUR LOOSING & HAD TO RETURN MONEY ... BUT WERE IS YOUR COMPLAINTS DEPARTMENT BECAUSE THIS HAS BEEN THE WORST HANDLED CASE EVER & ITS NOT MY FAULT AT ALL THAT THESE PEOPLE ARE OUT THERE PREYING ON & SCAMMING OTHERS, NOW YOU CLAIM YOU HAVE BUYER PROTECTION, BUT THEN WHY IS IT THAT EVERY TIME I PUT IN A CLAIM ... I HAVE TO HERE SOMETHING LIKE THIS OR GET SOME THREAT FROM YOU ALL GET SOME LETTER, E-MAIL, OR END UP WITH MY ACCOUNT IN SOME KIND OF SUSPENSION ... OR AS YOU CALL IT, LIMITATION???? You Worry So Much About Your Sellers Rights & Getting Sued for This or That ... But the Way You Have Treated me Through this Whole Case & Now What You Have Just Done YOU OUGHT TO BE MORE WORRIED ABOUT GETTING SUED FOR THAT!!! thank you very much, most sincerely, XXXX XXXX XXXX XXXX, XXXX, XXXX, XXXX, XXXX XXXX To : XXXX XX/XX/XXXX at XXXX XXXX PP XXXX .... Status??? Innocent!!! - Seller ... Guilty, So Why am I Punished for Using My Rights to Buyer Protection Claims??? It Is Not Excessive, All Were Against One Seller, This Seller & All Were Found in My Favor!!! And I Am Not the Only One, So if Anything Charges Should Be Brought Up Upon This Seller ... Not Me!!! Let the Sellers Track History Speak for Itself ... teespring_inc Feedback From When Negative feedback rating It sucks this sweatshirt is not what it seems bad quality? Buyer : 1***- ( XXXX star icon for feedback score in between 10 to 49 ) During past month Feedback conversation XX/XX/XXXX - Aged To Perfection Gildan Hoodie Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating Very bad communication. Won't buy from again. Buyer : c***b ( XXXX star icon for feedback score in between 100 to 499 ) During past month Feedback conversation XXXX Will Say Yes When XXXX Says No Gildan Women 's Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating Unprofessional! Did not receive whole order. No communication. Buyer : z***e ( XXXX star icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Fit Mom - Bella Flowy Tank Tanktop ( XXXX XXXX ) US {$21.00} View Item Negative feedback rating Unprofessional! Did not receive whole order. No communication. Buyer : z***e ( XXXX star icon for feedback score in between 10 to 49 ) During past month Feedback conversation Fit Mom - Bella Flowy Tank Tanktop ( # XXXX ) US {$21.00} View Item Negative feedback rating Wrong item. Unprofessional. Buyer : z***e ( XXXX star icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Fit Mom - Bella Flowy Tank Tanktop ( XXXX XXXX ) US {$21.00} View Item Negative feedback rating No communication. Did not give me my full order. Sent the wrong item. Buyer : z***e ( XXXX star icon for feedback score in between 10 to 49 ) During past month Feedback conversation Fit Mom - Bella Flowy Tank Tanktop ( XXXX XXXX ) US {$22.00} View Item Negative feedback rating You cant see the logo on the sweater and I have contacted seller twice no reply Buyer : n***u ( XXXX XXXX icon for feedback score in between 10 to 49 ) During past month Feedback conversation Shut Your XXXX Hole - XXXX XXXX Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating Smells terrible and is completely blurry! I wasted my money on this item! Buyer : -***a ( 1 ) During past month Feedback conversation XXXX XXXX XXXX Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating Doesn't look like picture, logo is really dark and grey, not white. Feels cheap Buyer : -***u ( XXXX star icon for feedback score in between 50 to 99 ) During past month Feedback conversation City Of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) US {$33.00} View Item Negative feedback rating the printing does not cover the shirt and looks very faded. STAY AWAY FROM HERE Buyer : t***t ( XXXX star icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation The Luxury XXXX XXXX XXXX XXXX XXXX Hoodie Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating Mug looks very cheap and small. Not what I expected for {$17.00} Buyer : c***h ( XXXX XXXX icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Stethoscopes XXXX Nurse XXXX - Not All Angels Have XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) US {$16.00} View Item Negative feedback rating Quality not as shown Buyer : i***e ( 2 ) During past month Feedback conversation XXXX XXXX XXXX XXXX XXXX Tee T-Shirt ( # XXXX ) US {$22.00} View XXXX Negative feedback rating sh*tty quailty. tiny a $ $ logo thats printed on crooked thats already peeling Buyer : t***b ( XXXX ) During past month Feedback conversation Slumerican T, Tee, Slum Gildan Hoodie Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating Shirt printed on was terrible poor quality not like photos. seller didnt respond Buyer : a***d ( XXXX XXXX icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation I Am A XXXX Girl Women 's Premium Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating Poor communication, don't buy t-shirt is discolored, wide and short for size! Buyer : XXXX ( XXXX XXXX icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Strong Resilient Indigenous Hanes Tagless Tee T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating This product does not match the quality and description it entail. Looks cheap! Buyer : a***w ( 7 ) During past month Feedback conversation Hbcu - Hanes Tagless Tee T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating Gift ruined. Print on hoody XXXX match listed sale pic. Seller wont respond Buyer : XXXX ( XXXX XXXX icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation XXXX XXXX XXXX XXXX XXXX Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating This said it was a Women 's size, but it is not a and it shaped and sized as mens Buyer : XXXX ( XXXX star icon for feedback score in between 100 to 499 ) During past month Feedback conversation Girls Just Wan na Have Fundamental Rights Feminist Women 's Premium Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating Bad quality, tried to contact, no response. I would stay away, wasted XXXX bucks Buyer : s***u ( XXXX star icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Stros Before XXXX - Stro 's XXXX XXXX Tee T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating Terrible quality shirt and faded transfer, avoid .... Buyer : s***u ( XXXX star icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Stros Before XXXX - Stro 's XXXX XXXX Tee T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating Dont buy bad Quality and never answers email want a refund not happy Buyer : c***c ( XXXX XXXX icon for feedback score in between 100 to 499 ) During past month Feedback conversation Bad Bunny Gildan Hoodie Sweatshirt ( # XXXX ) US {$33.00} View Item Negative feedback rating HORRIBLE SERVICE SENT WRONG SIZE SAID WILL SEND NEW ONE NEVER DID CHEAP SHIRT Buyer : p***i ( XXXX star icon for feedback score in between 1,000 to 4,999 ) During past month Feedback conversation Iron XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating Ordered the shirt over one month ago and still have not received the shirt. Buyer : k***d ( XXXX XXXX icon for feedback score in between 50 to 99 ) During past month Feedback conversation Hard Times And Trouble Blues Music - XXXX & Troubles Never Premium Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating XXXX XXXX de la XXXX es XXXX pague por gusto Buyer : XXXX ( XXXX XXXX icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Scuba Diving Gildan Long Sleeve Tee T-Shirt ( # XXXX ) US {$22.00} View Item Negative feedback rating Item not true to size, usually wear size med ordered a large doesn't fit Buyer : o***x ( XXXX XXXX icon for feedback score in between XXXX00 to 499 ) During past month Feedback conversation Dont You Dare. - If Haven't Risked Coming Home Under Women 's Premium Tee T-Shirt ( # XXXX ) XXXX {$19.00} View Item Negative feedback rating WARNING SELLER MISLEADING BUYERS LISTINGS 100 % COTTON U GET XX/XX/XXXX BLEND WARNING Buyer : m***r ( XXXX XXXX icon for feedback score in between 100 to 499 ) During past month Feedback conversation XXXX XXXX Division - On The XXXX XXXX Creates Screaming Premium Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating Seller will absolutely not communicate with XXXX XXXX : i***a ( XXXX XXXX icon for feedback score in between 100 to 499 ) During past month Feedback conversation Knights Templar Defending XXXX - Defensing XXXX XXXX Tee T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating Got the wrong size messaged the seller 2 times no reply. I need to return it Buyer : 8***8 ( 3 ) During past month Feedback conversation Best Nana Ever Top Cute XXXX Women 's Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating Tho labeled dishwasher friendly, the paint is flaking. No response from seller. Buyer : i***_ ( XXXX XXXX icon for feedback score in between 50 to 99 ) During past month Feedback conversation Questions Gift Coffee Mug ( # XXXX ) US {$16.00} View Item Negative feedback rating no tracking Buyer : o***b ( 5 ) During past month Feedback conversation Bitcoin Price News Mining Wallet - B Gildan Long Sleeve Tee T-Shirt ( # XXXX ) US {$22.00} View Item Negative feedback rating 10 messages & no response! I will say these shirts are total cheap garbage! Buyer : XXXX ( XXXX star icon for feedback score in between 100 to 499 ) During past month Feedback conversation The Walking_dead Hanes Tagless Tee T-Shirt ( # XXXX ) US {$18.00} View Item Negative feedback rating I initiated a return and have sent 3 more e-mails and no response! Buyer : XXXX ( XXXX XXXX icon for feedback score in between 100 to 499 ) During past month Feedback conversation Proud XXXX Mom Soldiers - Don't Brag But Their Moms Gildan Women 's Tee T-Shirt ( # XXXX ) US {$19.00} View Item Negative feedback rating Never Received item, No Communication - NOTHING AT ALL!!! Buyer : XXXX ( XXXX XXXX icon for feedback score in between 500 to 999 ) During past month Feedback conversation Unmasked Collage - Kiss Hanes Tagless Tee T-Shirt ( # XXXX ) XXXX {$18.00} View Item Negative feedback rating didn't receive my package the seller never got back to me Buyer : 9***l ( XXXX star icon for feedback score in between XXXX to XXXX ) During past month Feedback conversation Race It, Break Fix Repeat - XXXX It XXXX Long Sleeve Tee T-Shirt ( # XXXX ) US {$22.00} View Item Negative feedback rating LIAR & THIEF! THERE WORD CAN'T BE TRUSTED! NO REFUND! No graphics on back! Buyer : a***k ( XXXX star icon for feedback score in between 50 to 99 ) During past month Feedback conversation B
11/23/2018 Yes
  • Checking or savings account
  • Other banking product or service
  • Managing an account
  • Banking errors
  • HI
  • 96815
Web Servicemember
Dear XXXX, COMPLAINT ISSUE I am a retired XXXX XXXX XXXX. The purpose of this complaint is to provide an update and additional complaints to my active CFPB complaint # XXXX filed on XX/XX/XXXX, against UNITED SERVICES AUTOMOBILE ASSOCIATION ( USAA ). The reason I am submitting this second complaint is because USAA knowingly and intentionally engaged in fraudulent and unethical business practices in response to my original referenced complaint in an attempt to stop it. I will conclude this complaint with my requested actions listed in the conclusion section. BACKGROUND Please refer to my original referenced complaint for the background details but let me to provide the following key points and recap of the original complaint here which will explain the specific claims of this new complaint of engaging in fraud to stop my original referenced complaint. USAA provides financial services to primarily military personnel and veterans. USAA in the past was considered to be a very prestigious company but new management came in and in recent years the company has significantly changed for the worse. Based on the way it is chartered, USAA is a member owned company. USAA is also a private company with no association with the XXXX XXXX. I have been a member of USAA for 39 years and as I said I am a retired XXXX XXXX. Since its inception, USAAs management focused on providing quality services to their members. When the current management came in that focus changed to expanding membership and promoting a social agenda. Then as customer service at USAA took a nose dive, USAA stopped being a member of the XXXX and established a private social media forum on their website so they could keep the unending list of complaints from their military members internal within USAA and out of public view and oversight. Within that internal USAA Member Community Forum Members can make comments or ask questions of the USAA moderators who monitor the system 24/7. Members do not use their real names on the forum for privacy reasons, they establish nicknames when they set up their social media account and the USAA moderators can identify each member by their nickname. USAA then started to engage in some questionable business practices which included falsely presenting their private company to be a representative of the US military in order to make their profit, increase their membership, and to use the company to give the impression to the public that the military supports their left wing liberal social agenda ( one example of which is their continued sponsorship of the XXXX with the self-bestowed sponsorship title that begins with the three words : The Official Military .... Then when thousands of military members complained to USAA about sponsoring an organization that goes against the militarys core values and the very questionable business practice of USAA presenting itself as a representative of the US Military to obtain free advertising from the XXXX, make their profit, expand their membership to their targeted audience, and promote their social agenda ; USAA then responded to all of those military members complaints on the community forum by ignoring them and imposing extreme forms of censorship on their members by using a bumping policy that says members are not allowed to repeat a topic on the USAA member community forum. And when members do say things that USAA does not like or when members attempt to use the forum to their advantage then the USAA moderators delete the members comments and threaten to disconnect the members from the community forum. Recently, when I saw a member complaining that their original complaint was left unresolved by USAA, I replied to the affected member with the contact info for the CFPB. After doing that about four times the USAA Administrator replied to me that if I replied to another member with the CFPB contact info that she would disconnect me from the USAA community forum. Other members came to my defense and thanked me for my assistance and they condemned USAA for their censorship. All of those details and specific posts in question can be viewed in my original referenced complaint. At that point I decided to file a complaint against USAA with the CFPB which listed their questionable business practices with a focus on their XXXX sponsorship practices and their censorship practices against military personnel. CURRENT COMPLAINT THAT USAA INTENTIONALLY AND KNOWINGLY ENGAGED IN FRAUDULENT ACTIVITY TO STOP MY ORIGINAL COMPLAINT TO THE CFPB. Allow me to begin my second complaint by saying I consider myself to be a relatively responsible person. I am a retired XXXX XXXX XXXX, I held our Governments highest security clearance for over 20 years continuously, I was a Distinguished Honor Graduate of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX at XXXX XXXX, N.C. ( that is the XXXX XXXX XXXX XXXX XXXX ), I have been a member of USAA for 39 years, and on the USAA Member Community social media Forum I hold the most Likes Received of any other USAA member, that being XXXX Likes Received. Two of the many actions I requested in my original complaint was permission from USAA to be allowed to forward the contact info of the CFPB to other members when it was apparent that their complaint was left unresolved and the second request was to request permission to start reposting our XXXX Petition once again in accordance with USAAs own company By-Laws. I submitted my original complaint to the CFPB on XX/XX/XXXX and the CFPB confirmed receipt of it. On XX/XX/XXXX the CFPB confirmed they sent the complaint to USAA. On XX/XX/XXXX, the CFPB advised me that USAA had requested an additional 60 days to respond to the complaint. In a phone conversation with a CFPB rep she advised me it was actually 45 days that USAA had to respond. Shortly after USAA received my original CFPB complaint I started noticing a string of what we refer to as fake posts on the USAA community forum. These are posts believed to be created by the USAA Administrators of non-existent members with fictitious nicknames to give the impression it is a real military member making a comment on the forum and are posted on the forum by the moderators for different reasons but are not seen that frequently. It is easy to identify these fake posts because it is the first and only post by the fictitious member and it is generally saying something your typical military member would never say. Most members come on the USAA community forum primarily to make a complaint or to view the current complaints and support other members making a complaint. I noticed that many of these most recent fake posts were being placed in the strings of back and forth discussions I was having with other members and a number of these fake posts were very insulting, using words such as XXXX, incompetent, and questioning combat veterans XXXX status. It became apparent to me that a specific USAA Administrator by the name of XXXX XXXX was posting these fake posts in my discussions with the intent of provoking a response from me that USAA could then use to justify disconnecting me from the member community forum in response to my filing the CFPB complaint. It was apparent to me that this particular USAA Administrator was behind this effort because of knowing her censorship practices and style in the past on the forum and in one of the fake posts she actually replied to it as herself. The second very questionable practice on the part of USAA in this effort to create fraudulent accounts and target me was that in those fake accounts, the civilian USAA Administrator presented herself to be a military service member and a combat veteran. I would like to point out here that there is a federal statue which prohibits someone from falsely pretending to be military personnel. And the motive behind this fraudulent act was for a major corporation to stop a complaint which included the possibility of a violation of federal law. Please see the US Code below on this topic. 18 USC 912 - Military personnel or DOD employee of the United States Whoever falsely assumes or pretends to be military personnel or DOD/or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both. PROOF OF MY CLAIM I am very confident and will provide very strong evidence below that USAA Administrators ( specifically a USAA Administrator by the name of XXXX XXXX ) knowingly and intentionally engaged in this fraudulent and unethical activity. I will do so by listing each of the suspected fake posts below. Again, members do not use their real names on this community forum for privacy reasons, instead each member creates a nickname when he or she creates their forum account. USAA can then identify each member by their nickname. Each suspected fraudulent post in question below has a nickname which is suppose to be a real USAA member. At the conclusion of this complaint, I will ask USAA to confirm to the CFPB ( a federal agency with reach into law enforcement investigations ) and under penalty of perjury that the specific nicknames of the posts in question listed below are in fact real USAA members and are not USAA employees or family members of USAA employees. That confirmation request of USAA does not involve the disclosure of any privacy information on any individual, that request that I will make of USAA at the conclusion of this complaint simply requests a confirmation that those nicknames in question are authentic USAA members with the understanding that appropriate federal oversight authorities in the future may want to confirm that these are in fact real members who actually sent out the below posts in question. I will ask that specific request of USAA and I am very confident that USAA will not come back to me and the CFPB in this complaint and provide that specific confirmation because I am very confident that the posts listed below were created by USAA Administrators as fraudulent accounts, impersonating military service members in violation of US Code, and targeting my discussions with other members in response to my original referenced complaint with the ultimate goal of disconnecting me from the forum. I felt this most recent fraudulent activity on the part of USAA started to cross the line into illegal activity and I felt it was important to prove the specific intent of this entire fraudulent scheme on the part of USAA, which was to disconnect me from the USAA community forum. So I responded to one of their fake posts ( which is listed below ) with a factual response in which I even used the terminology in a recent legal opinion from a Federal Judge on the topic of censorship on social media forums, whos legal opinion stated : You can not shut someone up because you dont like what theyre saying. And after replying to that fake post with a factual response, later that day USAA permanently disconnected me from the USAA community forum. So to state the bottom line at this point, after 39 years of being a member of USAA, after having posted over 1,800 posts on the USAA community forum, and after having received XXXX Likes Received from my fellow military members ; within days after I submitted my original referenced complaint to the CFPB, USAA PERMANENTLY DISCONNECTED ME FROM THE USAA MEMBER COMMUNITY FORUM. And the significance of this second complaint is that USAA did so by intentionally using fraudulent and unethical business practices to disconnect me which included creating fraudulent member accounts, pretending to be real members then from those accounts posting insulting comments including the words XXXX, incompetent, and questioning military members XXXX status. This entire fraudulent activity was with the intent to stop my original complaint which identified not only a number of questionable business practices but the possibility of a violation of federal law on the part of USAA, which in my opinion can be construed as obstruction of justice of any possible and future law enforcement investigation that may be initiated by the CFPB. If USAA did not like my factual comment then all they had to do was edit it or delete it, which they do on a regular basis given the high degree of frustration that members have when communicating to USAA. One short example of this point is that when you go on the community forum and do a search of the one specific topic of USAA XXXX, there are 235 results. So to prove the specific intent of this fraudulent scheme by USAA, I had to basically sacrifice myself on the community forum but this in no way stops any part of the requests listed in my original referenced complaint because there are other USAA members who will follow on with the actions and requests I listed in my original referenced complaint. I do not wish to list those members in this complaint because the very questionable employees at USAA will likely start targeting them just as USAA targeted me. I will be happy to provide those names of the other members to the CFPB by phone. The bottom line point here is that all of the requests in my original complaint remain active and applicable and will be acted on either by myself or fellow USAA members, depending on each specific requested action listed in my original CFPB complaint. There will also be new requests of USAA listed at the conclusion of this complaint. EXAMPLES OF THE FRAUDULENT POSTS CREATED BY USAA At this point I will reference below some of the suspected fraudulent posts that USAA likely created and placed in back and forth discussions I was having with other members to provoke a response from me that they could then use to justify disconnecting me from the community forum. Keep in mind the vast majority of the members who come on the USAA community forum do so to make a complaint against USAA or support others who are making a complaint against USAA. Please note in all of the fake posts below there are specific indicators that they are fake posts : 1 ) Those were the only posts ever created by these fictitious members as confirmed in their profiles. We never heard from them before that post and we never heard from them after that post. 2 ) They all say things that no military member would say to another military member who is simply stating a complaint to USAA. Certainly not based on my experience of being on this community forum. 3 ) Oddly enough as well, each one of the fake posts have trademark intentional misspellings. FAKE POST 1 : ( NOTE : I was having a back and forth discussion with a real member by the nickname XXXX who was making a complaint to USAA on behalf of his adult children who were affected by Hurricane Michael. Then the USAA moderator posted the following insulting comment in that discussion using the fictitious nickname of XXXX XXXX XXXX : POST STRING BEGINS From : XXXX XXXX XXXX 2 weeks ago As is the case with most people that complain about service while millions of others have no issues it typically comes back to the individual not following instructions and being incompetent. Youeven in your own narrative do not define who " they '' is in receving the check. You also sound like a busy body complaining to USAA about your " kids '' while they can't even follow directions correctly. ( NOTE : Then A_Dad replied to that very questionable post in which this senior member himself stated that post from XXXX XXXX XXXX was from a USAA employee. Below was A_Dads response to the fictitious post. ) : From : XXXX Friday Dear Keyboard Warrior ( AKAOccasional Contributor from Phoenix ), I'm not sure I understand your point of view, but let 's look at your response a little closer, becauseI am convinced that you are an employee of USAA expressing your true feelings about USAA customers expectations of quality service during a disaster, behind a shield of anonymity. This hostility is slowly becoming openly displayed when talking with the USAA Rep on the phone. My " Kids '' are far more willing to overlook rude behavior than I am. I take a little pleasure in confronting internet bullies, or those with the stones to do it. POST ENDS ( Note : Below are the three other posts from this XXXX XXXX XXXX on that one day and on that one day only. We never heard from this fictitious member before or after these few insulting posts on that one day. Lets just see if USAA comes back in their reply to the CFPB and confirms under penalty of perjury that this XXXX XXXX XXXX is a real USAA member and not a USAA employee or USAA employee family member. ) FAKE POST 2 From : XXXX XXXX XXXX a week ago Wow so you win the XXXX of the week award! You openly admit in a post that your husband is complict in insurance fraud. " The man had fallen off a 6 foot ladder at his home and used my husband to make medical calims and usaa paid them. '' You openly admit to knowing of insurance fraud occuring and do not notify USAA or law enforcement, which makes you complict. A mere {$50.00} montly increase makes your mortgage unaffordable ... ... maybe you shouldn't be a home owner. FAKE POST 3 From : XXXX XXXX XXXX a week ago Well maybe it's because this is USAA not XXXX and since you were approved anyway why don't you just chill out and be happy. FAKE POST 4 From : XXXX XXXX XXXX a week ago Seriously you are MAILING CHECKS in for deposit. You know this is XXXX and not XXXX right. Why don't you take a lookin the mirror and bring yourself up tothe current century! POSTS END __________________________ FAKE POST 5 On XXXX XX/XX/XXXX, the USAA Administrator very likely behind this entire scheme of creating fraudulent posts ( XXXX XXXX ) created a fake post with a one line comment then actually replied to it as herself ( XXXX XXXX, USAA Administrator ) with another one line comment to the fake post she had just created. What is of such intentional stoking with this fake post on the part of this particular Administrator is that this woman is notorious for imposing censorship on the military members on this forum and she has basically shut down all discussions on this so called member community forum with her USAA bumping paragraph that tells members they are not allowed to repeat a topic on the member community forum. Given this censorship background by this XXXX XXXX, she then likely creates the first post below ( saying how wonderful it is to have a discussion on the forum ) and then she responds as herself ( USAA Administrator ) saying how she looks forward to her wonderful discussions. Please see below the actual fake post from XXXX ( the fictitious account name ) and then responded to by XXXX XXXX as herself. FAKE POST 5 BEGINS ( Note : The first post is the fake post from the fictitious member ) Title : Thanks From : XXXX Saturday I will have to thank you for allowing me to join your lovely discussion ( Note : Then XXXX XXXX replied to the above fake post as herself. This post is clear evidence of XXXX XXXX direct involvement in this fraudulent scheme ). XXXX XXXX USAA Administrator yesterday HIi @ XXXX! We are so glad you are here! Looking forward to your posts! END OF FAKE POST 5 ( Note : What makes it so obvious that the above post is a fake post from this XXXX is that it was the only post ever posted from that fictitious member ( based on her profile ) and there was never any other discussion from her after saying how nice it was to join your lovely discussion. The two of them never said another word to each other. XXXX XXXX was simply trying to stoke a response from me by posting a comment of extreme hypocrisy in talking about having wonderful discussions while she has imposed such extreme forms of censorship on so many military members who were trying to simply speak the Truth about USAAs questionable business practices. Lets just see if USAA comes back in their reply to the CFPB and confirms under penalty of perjury that this XXXX is a real USAA member and not a USAA employee or family member of a USAA employee. FAKE POST 6 ( Note : The fake post below was from the fictitious account of XXXX and in this post the USAA employee who very likely created this fake post below, replied to a real military member who was making a complaint and who stated he was a XXXX veteran. The USAA employee who created this fake post with the fictitious nickname of XXXX replied to the real military member by questioning his XXXX status. NEVER, would a military service member disparage another military service member who stated he was a XXXX veteran. Only a very questionable USAA employee would create a fake post and then from that fake post insult a XXXX veteran. Lets just see if USAA comes back in their reply to the CFPB and confirms under penalty of perjury that this XXXX is a real USAA member and not a USAA employee or family member of a USAA employee. FAKE POST 6 BEGINS From : XXXX 2 weeks ago He forgot to mention his XXXX rating is probably a whopping 10 %. Everyone wants to be a war hero. If he worked fir me in the military I would send him to budget counseling so he could learn how to manage money instead of blaming others. Since the owners of USAa are the accoubt holders what he did was point fingers at real XXXX veterans, military retirees, and widows. He ought to be ashamed of himself. END OF POST ___________________________ FAKE POST 7 XXXX XX/XX/XXXX Title : " You kept our skies clear. '' From : XXXX XXXX Saturday I was talking to a USAA Lady in the US. I said I only served at a desk on XXXX. She said : " You kept our skies clear. You kept out seas clear, ''. I thought about it. And then I wept. No one had ever said what I had done was worthwhile. END OF POST __________________ Again, I have been viewing military members comments on this USAA community forum for a long time. This is in No Way you would ever see a comment like this from an actual USAA military member. There is no mention of any specifics such as the organization or the USAA Ladys name, and anyone who serves in the XXXX theater refers to the continental US as the mainland, not the US. Lets just see if USAA comes back in their reply to the CFPB and confirms under penalty of perjury that this XXXX XXXX is a real USAA member and not a USAA employee or USAA employee family member. ) ________________________ SUSPECTED FAKE POST 8 ( Note : Below is a suspected fake post and if it is, this particular post is an example of a USAA employee who is falsely presenting herself to be a XXXX XXXX XXXX combat veteran. Again, it was the only post by this member. Let me add here that this post goes back to the US Code paragraph I referenced at the beginning of this complaint about people falsely presenting themselves as military service members. Lets just see if USAA comes back in their reply to the CFPB and confirms under penalty of perjury that this XXXX acct. is a real USAA member and not a USAA employee or USAA employee family member. ) Title : Let 's talk about finances and investments. From : XXXX 's acct. 5 hours ago Hello to all the members of the USAA banking and services. I was wondering what things to invest and or start saving for the upcoming holidays? I would greatly apprciate it and thanks for your service to our country and I myself served 20 yrs, I am a XXXX XXXX XXXX American Veteran. So it's great to share our knowledge as we are Band of Brothers and Sisters of Armed Forces. END OF SUSPECTED FAKE POST 8 ___________________________ Let me just state again that based on my experience of reading comments on the USAA community forum and running the USAA Member XXXX Petition which about 2,000 members responded to with comments, the above post is in no way reflective of what a XXXX XXXX XXXX combat veteran would say if he took the time to come on the USAA community forum. Please read a sample of REAL POSTS just below from 10 REAL COMBAT VETERANS, the last of which is from a REAL 100 % RATED COMBAT VETERAN, and you get a much better understanding of what REAL COMBAT VETERANS say to USAA. TEN REAL POSTS FROM REAL COMBAT VETERANS TO USAA BEGINS : __________ XXXX XXXX XX/XX/XXXX USAA, You see, like many who serve it stands for the ultimate sacrifice for as aCommander in XXXX, the flag was draped over seven of my Soldiers as they left XXXX in body bags. They arrived home to grieving family who universally were comforted by the honor of having our nations colors draped over their coffin. You bet, it's emotional and personal for me ... .as it is with most who serve. _________ XXXX XXXX XXXX XXXX I fully support this petition. I will never forget those men in my platoon who died in XXXX, however, by its actions USAA has forgotten them. USAA 's moto " We know what it is like to serve '' is a joke on us who did serve. XXXX XXXX Contributor XXXX USAA 's continuing sponsorship of the XXXX put it on the side of those trampling the flag and spitting on the graves of the fallen. XXXX had a choice to end the defamation or stand by these XXXX XXXX. They chose dishonor over valor.I know what tratorism looks like. I hope USAA leadership has similar strong associations. XXXX XXXX __________ XXXX XXXX XXXX XXXX I've been a member of usaa for 13 years would hate to leave but after seeing this highly paid athletes disrespect our flag for what I fought for in XXXX and XXXX. Makes me upset. As my creed says " never will I embarrass my country ''. XXXX. Usaa reduce or cut sponsorship for __________ XXXX-XXXX Occasional Contributor XXXX USAA .... please stop sponsorship with the XXXX immediately They're disrespecting those that have served, died and were seriously wounded serving our Great nation. This is the ultimate sign of disrespect. We in the military have served for these freedoms. But we also have the right to disagree with your message and not let our pocketbook endorse it. I can't allow my pocketbook to endorse an organization ( XXXX ) that allows the ultimate sign of disrespect to the DOD Fallen and wounded and people that have served. Please review immediately your sponsorship and let all members know what direction USAA will proceed with. I need to know if I need to end an approximately 20 year relationship with USAA and look for another Banking company that is more in line with my personal beliefs and Freedoms. _________ XXXX XXXX XXXX XXXX XXXX I respectfully request that USAA sever all ties with the XXXX XXXX XXXX. As a 22 year XXXX XXXX Vet with 6 combat tours I feel I can not support any company that supports the XXXX __________ XXXX XXXX XXXX XXXX As a XXXX, Purple Heart Veteran, I find it appalling that USAA continues to run adds during XXXX Games. YOU are supposed to support us patriots not the rich prima donnas that insult us. Get with it USAA before I transfer all my accounts else where. Semper Fi! XXXX XXXX XXXX XXXX XXXX Stop supporting the XXXX and terminate immediately any financial relationship USAA has with the XXXX and its subsidiaries. __________ XXXX Lightgrunt Contributor XXXX Members of my family have served this country through every war from the Civil War to my service in Global War on Terrorism. Sponsoring the XXXX through these protest is a slap in the face to everyone who has sacrificed time with family blood sweat tears and their lives not to mention what the wives children parents sacrifice to continue to support the XXXX shows complete disrespect for what all of us have sacrificed for I know they have a right to their opinion but to disrespect what we have done is unacceptable to many of us who have missed births graduations and have shed our own blood for their rights no one knows better than we do I thought more of USAA than that I hope this will be rectified they do not deserve the support and you are not honoring us by continuing sponsorship __________ XXXX XXXX You are NOT honoring me, any other veteran, anyone XXXX XXXX or anyone who died in service to this country by sponsoring our enemies! And anyone so disrespectful of my country, my flag or my brothers in arms is my enemy! I am planning a return to the United States shortly, the decision to continue to support the XXXX is the final straw. I am XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX. ( Funny how getting parts shot and blown off your body can do that to you huh? ) I can not just jump on a plane and fly home to change banks. NO! I have to bring someone with me to help me with daily activities. You do understand XXXX right? This is going to be very arduous, painful and expensive. My anger will get me through it. It is certainly WORTH it to me! I lost a lot of friends in service to the US. EVERY ONE of them would do the same if they were alive today! So, go ahead, try to placate us with smooth sounding rhetoric and talking points. Tell us ALL about how much you like us. NOT going to change my mind! The only thing that will change my mind is you cut ALL ties, across the board, with the XXXX. NOW END OF REAL POSTS FROM REAL COMBAT VETERANS ___________________________ BACK TO FAKE POST 8 With that sample of ten Real Posts from Real Combat Veterans let us review one more time the very likely fraudulent post very likely from a USAA Administrator in which she creates a fraudulent account ( XXXX acct. ) and falsely presents herself to be a Combat Veteran who is XXXX XXXX XXXX, in violation of US Code 9 : Title : Let 's talk about finances and investments. From : XXXX 's acct. 5 hours ago Hello to all the members of the USAA banking and services. I was wondering what things to invest and or start saving for the upcoming holidays? I would greatly apprciate it and thanks for your service to our country and I myself served 20 yrs, I am a XXXX XXXX XXXX XXXX Veteran. So it's great to share our knowledge as we are Band of Brothers and Sisters of Armed Forces. END OF SUSPECTED FAKE POST 8 ___________________________ Allow me to once again reference the US Code Statute on the topic of falsely pretending to be a military service member : 18 USC 912 - Military personnel or DOD employee of the United States Whoever falsely assumes or pretends to be military personnel or DOD/or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both. Again, lets just see if USAA comes back in their reply to the CFPB and confirms under penalty of perjury that this nickname of XXXX acct. is a real USAA member and not a USAA employee or USAA employee family member. ) XXXX SAMPLE OF USAA MEMBER COMPLAINTS ABOUT USAA CENSORSHIP ON THEIR MEMBERS Before I start my concluding comment and list the new actions requested of USAA in this second complaint, allow me to provide just a few member comments on USAA Censorship of its members from both the USAA Community Forum on their website and from USAAs XXXX page. CONTINUE TO NEXT BLOCK
07/13/2021 Yes
  • Checking or savings account
  • Other banking product or service
  • Problem with a lender or other company charging your account
  • Transaction was not authorized
  • GA
  • 30071
Web Older American
I have filed multiple complaints against Wells Fargo only to have them answer some of the complaints while they are still claiming that they have responded to every single claim and allegation ; this is a boldface outrageous lie. The intentional infliction and reckless conduct by Wells Fargo have caused massive financial damages and emotional distress. On XX/XX/XXXX, I received Wells Fargo XXXX package with information regarding the frauds and my complaints and allegations all of which Wells Fargo claims they replied to each and every single one of them. But it is clearly apparent that Wells Fargo did not look at all of my claims and allegations because some material and significant claims/allegations were missed or purposely overlooked. Due to Wells Fargos arrogant, ignorant, reckless behavior, unconscionable conduct, and undue influence, willful neglect of duty, failure to act in good faith, poor stewardship, mishandling, wanton behavior showing an unwillingness to stop harming me, my XXXX, my employees, my customers as well as my third-party vendors, and sidestepping/ignoring/lying, dodging and eluding has all consummated into... - customers hesitating/refusing to do business with me out of fear of losing their inventory/finished goods ( either because they made commitments to their customers and/or they prepaid for fabric or inventory ) to Wells Fargo possible liquidation of my business, - vendors refusing to continue to extend credit to me out of fear of not getting paid, - key employees quitting because I could not give them definitive answers/guidance on the Wells Fargo 2 + year-long investigation - losing out on multiple revenue opportunities especially new credible well-documented revenue opportunities during the pandemic - no lender would provide working capital to me because Wells Fargo locked up the collateral then when I finally line up XXXX XXXX XXXX and investors who could have saved the day - after causing the massive collateral damages stemming from the multiple frauds, Wells Fargo refused to provide working capital to me and refused/dodged subordinating the collateral to other lenders so that they can provide working capital Some examples of sidestepping/ignoring/lying, dodging and eluding include... - over 23 delay letters, - no replies to any of my multiple communication attempts during the 2 + year-long SELF-Investigation held in secret behind closed doors, - multiple emails/texts/ignored conference calls/phone calls/etc., letting Wells Fargo know I have customer orders and request for proposals, - key employees were quitting, - missed working capital opportunities from investors and XXXX XXXX XXXX, - pandemic assistance ( I needed working capital during the pandemic because of new business from customers who wanted us to manufacture PPE ) ; Wells Fargo showed no interest or concern for helping XXXX XXXX to manufacture PPE for first responders and people that were XXXX during the pandemic, - Lying to our Georgia XXXX XXXX XXXX XXXX that they answered each and every single claim and allegation, - etc Due to Wells Fargo 's reckless behavior, unwillingness to stop harming me, my XXXX and my employees, this has resulted in Wells Fargo controlling my XXXX which has lead to me shutting down my XXXX multiple times since the XXXX fraud hit the news and the result is that I was not able to manage my business and make plans for the business accordingly. In other words, I have been and is still paying overhead, property taxes, interest, and penalties were still being accrued, SBA loan payments with accrued interest are still being charged to me, etc. while hoping everything works out while my business was shut down due to Wells Fargo conducted a 2 + year-long investigation with no input from me despite me pleading to be involved ; Wells Fargo 's lack of concern, negligence, and reckless disregard is a failure to act in good faith, unconscionable conduct and undue influence ; if I had known that the SELF-Investigation would still be going on for 2 + years and I was blocked out of having any input in the investigation concerning me, my business and my employees, I could have sold the business, participated in several proposed joint ventures and/or pursued other investment opportunities or just cut my losses and shut the business down but instead no one at Wells Fargo had the decency to let me know at a minimum what the " ballpark '' status was of the SELF-Investigation that I did not participate in. How can I generate revenue when Wells Fargo has taken control of my business and shut me out of my opportunities and my right to earn a living by generating revenue and providing jobs in a minority low-income community? Below is a summary of the complaints that Wells Fargo has not answered and/or directly responded to and cross-referenced... I ) WELLS FARGO FRAUDS AND CORRUPTION 1. BUSINESS PURCHASE CLOSED ON XX/XX/XXXX I was set-up by Wells Fargo to fail on the day of the closing of my business purchase because the frauds were going on years before the XX/XX/XXXX closing on the SBA Loan. Background of fraud - From the time I had closed on the purchase of XXXX XXXX in XX/XX/XXXX up to the mid to late XXXX, the fees that came out of my account was pretty significant for a small business like mine and I felt pressured to take the {$6800.00} from the mediators. The letter that I send to the mediator made it clear that the fees were crippling my business and I had been complaining to Wells Fargo about the excessive fees since late XXXX ( I spoke with XXXX XXXX of Wells Fargo via phone several times and emailed him on XX/XX/XXXX ) and was told that my fees were cheaper than other options - at the time I was not satisfied with the answer. Then in late XXXX, I heard about the fraud in the news and then in XX/XX/XXXX I called Wells Fargo and spoke to XXXX XXXX in the Wells Fargo National Business Banking Center and he confirmed that I was part of the fraud and set up in the wrong product/business checking account and he immediately switched me over to the significantly cheaper and more appropriate Platinum bank account. So I mailed appropriate correspondence to Wells Fargo headquarters, who confirmed receipt of my correspondence ; shortly thereafter I filed a claim with the mediator. 2. REVENUE TREND - my revenue was trending upwards, I was picking up new accounts, hiring new employees and then when the fraud hit there was a direct correlation with the drop in revenue primarily tied to Wells Fargo suddenly turning their back on me as if they never met me. And the drop continued and some of it was related to the SELF-Investigation I had no control over ( discussed in item I.11 below ). See attachment for detailed email to Wells Fargo with revenue trend, 3. FRAUDS thru unauthorized fees in my business banking account, merchant services, auto protection insurance approx. {$30000.00} - {$40000.00} was taken from my business accounts, merchant services overcharges and auto collateral protection insurance by Wells Fargo and subsequent collateral damages are much worse due to lost sales, lost employees, lost customers, missed working capital opportunities from lenders and investors ; more specifically, Wells Fargo caused me to miss out on working capital opportunities by using the excuse ( 7 months later ) that I did not sign a " Borrower 's Consent '' form as the reason for them not having a good-faith discussions with fair dealings with Investors and XXXX XXXX XXXX which caused me to miss out on $ XXXX $ XXXX in working capital... but ironically Wells Fargo could not locate the " Borrowers Consent '' forms from 4 prior conference calls authorizing them to talk to 3rd parties on my behalf including me not being present. For over 1 year now, Wells Fargo has refused to answer this simple question about where are the Borrower 's Consent forms authorizing them to talk to prior 3rd parties on my behalf. When Wells Fargo realized they screwed up, I was asked by email to go back to the XXXX XXXX XXXX to see if they were still interested in having a good-faith discussion with fair dealings with Wells Fargo and the XXXX XXXX XXXX said no because they ran out of XXXX XXXX program funding. 4. MISSED WORKING CAPITAL OPPORTUNITIES Borrowers Consent Form A. XXXX XXXX XXXX In XXXX/XXXX XXXX XXXX, I had 2 XXXX XXXX XXXX ready to provide working capital of $ XXXX - $ XXXX contingent upon having a good-faith discussion with fair dealings with Wells Fargo. After multiple documented attempts to get Wells Fargo to respond, they finally responded on XX/XX/XXXX and said the reason they did not respond sooner is because I did not sign a Borrowers Consent Form authorizing them to talk to third parties on my behalf!!! This is shocking and here is why... a. Where are the borrower 's consent forms on file from 3 prior ( before Wells Fargo decided to start demanding I sign one ) conference calls? I am sure you have them on file if you suddenly started demanding that I sign one, at least one would think!!!!... I have been asking for this for over a year now and Wells Fargo has avoided my request. How can this be explained? Why is it that Wells Fargo can not answer a simple question that a 5-year-old can answer? b. One of the XXXX XXXX XXXX visited my plant and was totally impressed with my operations and his only concern " Wells Fargo has a history of not doing anything to help ( not the exact words but you get the drift ) ''. So they waited and waited and waited and nothing until about 7 months later with the poorly crafted playbook excuse about I did not sign a borrower 's consent form!!!!... this was an insult to my intelligence as a human being, as a XXXX person, as a family person ( with kids just like you and your hired gun lawyer - what possible logical excuse can I give them for why I am being treated this way ), as an employer with employees looking for leadership from me and I can go on. c. Then XXXX XXXX, asked me, someone realized Wells Fargo screwed up, to go back to see if the XXXX XXXX XXXX and Investors were still interested and of course after waiting 7 months for a reply from Wells Fargo they ran out of funds. What in the world do you think was going to happen? d. Then Wells Fargo has the nerve to find a clause in my SBA agreements " on file '' that says they can hire a 3rd party lawyer to come after me!!!!!!!!!!! Another insult to my intelligence... after more than 1 year, Wells Fargo can not find a " borrower 's consent form " on file '' but IMMEDIATELY found " on file '' the clause allowing you to hire a lawyer to come after me e. So I missed out on $ XXXX $ XXXX in working capital. f. Then in the last conference call we had, Wells Fargo suddenly requires I sign a Borrower 's Consent form for all of the invitees as if that would correct the wrongs. And then to make matters worse, you turned down my customer 's offer to personally, out of their own pocket, offer working capital if Wells Fargo would match it!!!!! And XXXX XXXXWells Fargo said no. g. WHERE ARE THE BORROWER 'S CONSENT FORMS ON FILE THAT I SIGNED AUTHORIZING WELLS FARGO TO TALK ABOUT MY XXXX WITH THESE 4 OTHER PRIOR 3RD PARTIES? Here are the conference calls with third parties XXXX XXXX was involved in WITHOUT a Borrowers Consent form signed by me... i. Conference call on XX/XX/XXXX with an investor, XXXX XXXX and his company AMP and there was no mention of Borrowers consent form ii. Conference call on XX/XX/XXXX ( and many other times/occasions ) XXXX spoke with XXXX XXXX, my financial advisor/banking broker, who was working with me to help secure working capital. XXXX did not ask me to sign a Borrowers consent form. iii. On XX/XX/XXXX with XXXX XXXX, XXXX XXXX and 2 other 3rd party former professional athletes interested in investing in Platinum Sportswear and no one from Wells Fargo asked for a signed Borrowers Consent form iv. On a XX/XX/XXXX conference call with XXXX and XXXX XXXX with at least 4 other participants and suddenly I was required to sign a Borrowers consent form ; ironically this was one week after Wells Fargos XX/XX/XXXX Resolution Letter saying they did not get back to me for 7 months on the XXXX XXXX XXXX because I did not sign a Borrower 's consent form Why the inconsistencies with requiring me to have a signed Borrowers Consent form on file in order for Wells Fargo to have a good-faith discussion with fair dealings with XXXX XXXX XXXX? Please explain After more than 1 year, Wells Fargo can not find a " borrower 's consent form " on file '' but Wells Fargo IMMEDIATELY found " on file '' the clause to hire a lawyer, XXXX XXXX, to come after me. B. XXXX XXXX - on XX/XX/XXXX with XXXX & at least 4 other participants : suddenly I was required to sign a borrower 's consent form ; ironically, this was a week after WFs XX/XX/XXXX Resolution Letter stating that a consent form is required to speak to 3rd parties, & this time XXXX required a consent form! XXXX XXXX, who was my customer on this call offered to match working capital from Wells Fargo and Wells Fargo said no C. USDA - The USDA Rural Development provides access to capital through its Business & Industry Cares Act Program with a 90 % loan guarantee program. Information can be found at XXXX. This program is designed to address the need for working capital to recover during COVID pandemic timeframe and this program requires a supportive lender. The USDA only provides guaranteed funds instead of direct loan funds. Wells Fargo replied that they do not participate in this program... but the point is Wells Fargo ruined my credit and my chances to work with other USDA lenders. D. XX/XX/XXXX in XX/XX/XXXX, a highly valued customer, XX/XX/XXXX, called XXXX, left a message and she did not return the phone call E. XXXX XXXX another highly valued customer was interested in purchasing or investing in XXXX XXXX. I sent an email to XXXX XXXX explaining this opportunity and, as usual, there was no response F. MULTIPLE OTHER LENDERS AND INVESTORS 5. SALES OPPORTUNITIES I sent multiple emails to XXXX XXXX detailing significant sales opportunities that would support conventional working XXXX XXXX. XXXX ignored all of the emails 6. STEERING TOWARDS PREDATORY LENDERS I have an email from a Wells Fargo employee XXXX XXXX, my Business Banker, advising ( see attached email ) I should look into Merchant Cash Advance ( XXXX ) lenders I never heard of these types of lenders. I relied upon his advice and guidance to check out the predatory XXXX lenders and it resulted in the beginning of massive collateral damages. Under no circumstances, is it appropriate for a Wells Fargo employee to steer me toward predatory lenders which puts me at risk as an XXXX customer and also puts the tax-payer-funded XXXX loan program at risk. See additional discussion on predatory lenders in item 7 Continued below... 7. HIGH-INTEREST PREDATORY LOANS Since the Wells Fargo multiple frauds destroyed my credit and my XXXX, I could not qualify for conventional affordable working capital. Instead as noted above, I was steered towards XXXX predatory lenders. I was making payments of approximately {$800.00} per day while also paying the monthly SBA loan payment of {$15000.00} per month and some other debt payments to the seller of the business. I could not sustain these payments while cash receipts from accounts receivable were collected every 30-45 days. Most of the cash from the predatory lenders were being used to pay the same daily ( and in some cases weekly ) high-interest loan payments. My cash flow position became negative very quickly 8. USE OF FUNDS FROM PREDATORY LENDERS ironically some of the funds were used to pay the monthly SBA loan payment. By asking for financial statements, Wells Fargo knew about the predatory loans and considering they have a fiduciary responsibility with the SBA, Wells Fargo did not carry out their fiduciary responsibilities by allowing risky high-interest loan payments that impacted my ability to continue to make payments on the SBA loan. Accepting payments for the SBA monthly loan with funds sourced from predatory lenders is a massive failure to act in good-faith by Wells Fargo and extremely poor risk management. 9. COMPLAINTS FILED - Starting in XX/XX/XXXX I have filed multiple complaints with government agencies, especially the Consumer Financial Protection Bureau and the SBA but none of the agencies can open an investigation into Wells Fargo unless Wells Fargo ask for payment of the SBA 's 75 % guarantee 10. SBA LOAN PAYMENT MODIFICATIONS Wells Fargo approved 5 SBA Loan payment modifications that deferred the monthly payments but offered no working capital. The only thing the loan modifications offered was ratcheting up more collateral damage because it allowed me to seek and get approved for even more working XXXX XXXX from predatory lenders that Wells Fargo approved of when they reviewed my financial statements which showed the high-interest payments being made to predatory lenders. Wells Fargo approved these high-interest predatory loans because some of the money was used to make monthly payments on the SBA loan. Why were my financial statements approved when they clearly showed that I was making unsustainable payments to predatory lenders that Wells Fargo steered me to and benefited from? 11. SELF INVESTIGATION XXXX how in the world can a SELF-Investigation be justified? ) Due to the multiple frauds, we were shut down most of XXXX, XXXX and XXXX... We are still dealing with the impacts of the frauds since Wells Fargo has been evasive including lying and dodging... Wells Fargo opened a Self-Investigation in XX/XX/XXXX and here we are over 2 years later and the investigation is still going on. Wells Fargo has effectively controlled my XXXX with undue influence, unconscionable conduct and failure to act in good-faith a. I had no participation in the 2 + year-long investigation despite pleading to participate b. nor did Well Fargo look at any of the correspondences/documentation, or reply to my emails, text messages, phone calls, conference calls, certified letters with return receipt requested ( and none of the return receipts were ever received by me ), offers to visit my plant, offers from me to visit Wells Fargo, etc... this is a massive failure to act in good-faith and failure to have a good-faith discussions with fair dealings, poor management, incompetence, etc., and demonstrates Wells Fargo unwillingness to stop harming me/my family, my business and my employees so basically the investigation was a SELF-INVESTIGATION where Wells Fargo was the judge, jury and executioner. LOYAL CUSTOMERS AND VENDORS REFUSED TO BUSINESS WITH ME WHILE THE SELF INVESTIGATION WAS GOING ON c. how can Wells Fargo justify at least 23 delay letters from XXXX XXXX over a 2 + year period with no regard for my business being able to operate because customers refused to do business with me out of fear their inventory would be ceased and vendors refused to do business with me because they may not get paid and all of this hesitation to do business with me is because my customers/vendors were afraid of liquidation proceedings by Wells Fargo? Please explain this? My customers and vendors were well aware of the frauds, collateral damages and the unconscionable 2 + year-long SELF-Investigation held in secret behind closed doors with no participation from me despite my pleads to be involved and all of my pleads were ignored 12. CUSTOMERS AND VENDORS REFUSED TO DO BUSINESS WITH ME Loyal customers and vendors refused to do business with me while the 2 + year-long SELF-Investigation was going on. 13. COLLATERAL The major issue with Wells Fargos frauds is that they refuse to provide working capital and they will not subordinate the collateral to other lenders so if taking control of my business was not enough, Wells Fargo is now determined to force me out of business. Without working capital to purchase raw materials, how could Wells Fargo still expect me to catch up on my SBA payments and pay delinquent taxes? 14. TAXES, SBA LOAN PAYMENTS AND OTHER ACCRUED EXPENSES - during SELF-INVESTIGATION Wells Fargo still expects me to be responsible for all accrued expenses, interest, penalties and taxes related to all tax issues ( Federal, State and Property ), SBA loan payments etc., even though I had no control over the SELF-Investigation including the duration of it especially considering I did not participate in the SELF-Investigation despite pleading to be involved. I want to make it very clear that these taxes are delinquent because of this Wells Fargo debacle that crippled my business but you/Wells Fargo are implying that delinquent taxes are entirely my fault. The delinquent taxes is not related to the nature of the business failing " operationally ''... my business has been around for almost 40 years prior to the frauds and Wells Fargos massive failures to act in good faith as detailed in this correspondence. As you know by now, I questioned the funds coming out of my account before the fraud hit the news and was told that everything was fine... if these Wells Fargo malfeasance ( and many more too long to list but you and your team know what they are ) had not happened, I would not be delinquent on any of my taxes or with any of my vendors or any of my employees ( yes they are still entitled to damages from being forced out of work ). So the next tax payments are due in XX/XX/XXXX and at the rate we are going with Wells Fargo/the SBA trying to help me, I don't see how I will be able to come up with any of the property taxes for XXXX County - WE HAVE BEEN SHUT DOWN ALMOST ALL DUE TO THE 2 + YEAR-LONG ONE-SIDED BIASED SECRET INVESTIGATION! So with Wells Fargo controlling my business in this manner, please tell me where will the money come from to pay delinquent taxes and catch up on the SBA loan considering Wells Fargo took away and destroyed my abili