Date Received: 2017-06-15
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I purchased this property on XXXX XXXX , 2016 ( fo reclosure ). I have paid my Mortgage every month until XXXX . In XXXX , 2016 my mortgage lender informed me that I owed {$8600.00} property tax that they paid on my behalf. I have contacted DCRA, and was told the property is classified as Vacant and Blighted, and D C Tax & Revenue Office to res olve this matter. I have done the leg work for the mortgage company from XXXX til now and provided them how they can get their refund back from DC Tax Revenue Office, How ever, before this matter is resolved my mortg age loan has been sold to another company. I have started all over again explaining my situation, since they are demanding to get paid the above amount. In XXXX my first mortgage loan company return my payment and advised me that the loan has been sold to another company Finally after my case went to the Tax Appeals Commission Court, and granted the request for removal of the vacant and blighted property designation, I have attached a few documents to support my case.
Company Response:
State: DC
Zip: 20032
Submitted Via: Web
Date Sent: 2017-06-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-18
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: THE XXXX XXXX COUNTY COURT IS A CORPORATION. JUDGE XXXX XXXX XXXX WAS ACTING AS AN ADMINISTRATOR AND NOT LISTENING OR PROPERLY REVIEWING THE COURT RECORD. XXXX OBJECTED MULTIPLE TIMES THAT LAWYER XXXX XXXX XXXX WAS ABUSING THE LEGAL PROCESS, SINCE XXXX ALREADY MET THE BURDEN OF PROOF WITH SEVERAL CERTIFIED LETTERS SENT OUT WITHING 5 DAYS OF RECIEVING NOTICE FROM THE PARTIES WORKING WITH THE JUDGE COMMITTING FRAUD ; XXXX XXXX and XXXX XXXX XXXX, then XXXX XXXX, XXXX. JUDGE XXXX XXXX XXXX DID NOT HAVE XXXX CONSENT SHOWING UP IN COURT THE DAY XX/XX/XXXX, IN SPECIAL APPEARANCE AS A LIVE MAN. XXXX RESERVED THEIR RIGHTS '' WITHOUT PREJUDICE '' UCC 1-308. XXXX ALSO RESERVED THEIR XXXX GIVEN RIGHTS, COMMON LAW RIGHTS, CIVIL RIGHTS AND CONSTITUTIONAL PROTECTIONS. THEY ALSO INVOKED COMMON LAW AND DESCRIBED WITH LEGAL CITATIONS THAT THAT MATTER WAS BLENDED WITH LAW AND COMMON LAW EQUITY, AND CITED UCC 103.6. The judge was unfamiliar with blended law and the citations of XXXX XXXX v. XXXX ( XX/XX/XXXX), and XXXX v. XXXX, he did not know about any more recent cases that the case was based on being retired since XXXX. XXXX explained about XXXX v. XXXX XXXX XXXX since there were fraudulent assignments out of a IRS static trust, ie tax evasion. The trust was set up conforming to IRS IRC XXXX then was fraudulently canceled. Upon asking Judge XXXX about IRC XXXX he had no idea about it proving lack of jurisdiction. XXXX also asked about laws of Rescission citing XXXX v. XXXX, Judge XXXX also had no knowledge about this, and this was what the case was based on, that and other bankruptcy law that he also appeared to have not knowlege of. XXXX remarked that the court lacked jurisdiction and they did not have XXXX consent to move forward. XXXX have had issues with a Judge XXXX within this same court, whom after 7 years of litigation determined that Judge XXXX had no oath of office. Which means he had no ability to contract with anyone during the time XXXX spent in his court so all judgments put out by him are now deemed null and void. I guess it is important to check with the secretary of state on this, if an judge does not have a oath on file with the notary division of the secretary of state, he or she has no ability to form contract. We feel that this judge was acting non-impartially, and unethically. Our presumption is this judge XXXX talks regularly with Judge XXXX and there is a relationship there, that provides a conflict of interest. This matter also involves other parties at this time in which XXXX have filed additional complaints. The latest court record is attached. Bottom line XXXX own the NOTE and they company is trying to foreclose on a DEED OF TRUST that is null and void, XXXX provided several pieces of evidence invalidating the deed of trust and summary judgment for unlawyful detainer. XXXX also provided certified letters in which each party trying to pursue a collection action has a duty to respond to. Also thirdly, XXXX received no loan counseling, and the parties acting together created fraudulent documents saying that the XXXX did so the process could move forward. The Judge XXXX XXXX XXXX, had all of the items brought to his attention, and looked a blind eye at the prima fascia evidence as if it did not exist. We presume he is somehow financially involved in this, either through a direct pay off or bribe. XXXX still do not consent to jurisdiction. The latest court record by XXXX is below. XXXX XXXX, XXXX Plaintiff ( s ), vs.
XXXX XXXX & XXXX XXXX AND DOES 1 THROUGH 10, INCLUSIVE Defendant ( s ). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No : : XXXX COURT RECORD FROM XXXX XXXX XXXX IN AN AFFIDAVIT OF TRUTH FROM PROCEEDING ON XX/XX/XXXX. XXXX XXXX, XXXX MOTION FOR SUMMARY JUDGMENT FOLLOWING ILLEGAL FORECLOSURE SALE VIOLATING 12 USC 3707, SENT CERTIFIED MAIL, ALSO VIOLATIONS OF CALIFORNIA CIVIL CODE SECTION 2923.5/AND 2923.55 ( C ), PLAINTIFFS HAVE NO STANDING SINCE THERE IS NO CONTRACT OR MORTGAGE BETWEEN THEM OR ANY OTHER PARTY REGARDING XXXX PROPERTY, BY JUDGE XXXX XXXX XXXX DATE : XX/XX/XXXX TIME : XXXX DEPT:17 Complaint filed XX/XX/XXXX ) AFFIDAVIT OF TRUTH DECLARATION OF XXXX XXXX XXXX I , XXXX XXXX XXXX, declare and affirm and state as follows, I live on XXXX XXXX County, on California XXXX United States of America . XXXX participated in a court on the XXXX of XX/XX/XXXXas a live man special appearance, going into the court XXXX reserved all of their XXXX rights given, civil rights, common law rights, and constitutional protections, without prejudice UCC 1-308. They also invoked common law jurisdiction, the jurisdiction of the republic and did not give consent to solely be tried under law, but brought in law of equity since it, common law is supposed to have parity along side codes and statutes. Other then showing many corresponding prima fascia evidence proving fraud is taking place in the court, XXXX argument was about without prejudice UCC 1-308, and UCC at 1-103.6, the reservation of rights and the Blending of Law with Equity, since the auction sale on page two of XXXX XXXX XXXX XXXX exhibit 6 NOTICE OF TRUSTEES SALE, paragraph two explains that a lien ( interest ) is being sold and not the subject matter property, since the legal claim and complaint being put forth are that at the foreclosure sale of the house was being purchased which Judge XXXX did not want to get into, which is the center of the matter ; XXXX found this prejudicial to XXXX XXXX, XXXX XXXX Since, the interest of what was sold was not being defined, and XXXX XXXX, XXXX from there fraudulent manufactured were asked to come up with a contract with XXXX, and it could not be produced, or they just ignored XXXX. XXXX had also sent letters back to each party certified when XXXX were given notice ( XXXX EXHIBITS 9 ), since XXXX had not MORTGAGE on their property, each letter as far back when the default was recorded as far back as XX/XX/XXXX, none of the letters requesting validation of the alleged debt, or disputing the debt were ever responded to by any of the parties NATIONSTAR MORTGAGE, LLC/INC., or XXXX XXXX, XXXX, XXXXXX/XX/XXXX, or XXXX XXXX, and there were multiple letters sent to each. This proved that there were multiple violations invalidating the Alleged foreclosure sale and the interest that XXXX XXXX, XXXX is claiming to have purchased by credit bid, which is not lawful money. XXXX again found this prejudicial since they have no contract or agreement with NATIONSTAR MORTGAGE, LLC/INC., or XXXX XXXX, XXXX, XX/XX/XXXX, or XXXX XXXX XXXX, asked in court if such a contract exists please bring it forth, and no such contract was produced, and they judge just went on ignoring that XXXX asked for the single most important document, that XXXX XXXX XXXX does not have. Then, XXXX, as HOLDER OF THE WET INK NOTE, produced the NOTE ( XXXX EXHIBITS 1 ), and explained the payment mechanism of their home purchase ( XXXX EXHIBIT2 ), that they are in possession of and HOLDERS IN DUE COURSE OF the WET INK NOTE, so the DEED OF TRUST, that was just shown, is null an void and fraud was being put on the face of the court by XXXX XXXX, XXXX and Attorney XXXX XXXX. XXXX then remarked that they are not aware that they have any current debts, XXXX referred Judge XXXX XXXX XXXX to ( XXXX EXHIBITS 10 ) in where it shows that a debt search was performed for XXXX XXXX on the UCC database XX/XX/XXXX at XXXX that pulled data from the UCC database dating back to XX/XX/XXXX that showed no judgments to validate the alleged default, or that would have shown a mortgage for XXXX if one existed. It showed that no mortgage was ever taken out by XXXX, also that no current judgment against XXXX is present from a search of this database going back to before any fraudulent security was signed on XX/XX/XXXX or XX/XX/XXXX. Next, in ( XXXX EXHIBIT 10 ) a debt search was performed for XXXX XXXX on XX/XX/XXXX at XXXX that showed no judgment to validate the alleged default, and no mortgage showed up for XXXX. It showed that no mortgage was ever taken out and that no current judgment against XXXX are present from a search of this database going back to before any fraudulent security was signed XX/XX/XXXXor XX/XX/XXXX. These UCC searches are accompanied by a certificate of authenticity of XXXX XXXX Secretary of State, signed and sealedXX/XX/XXXX. This was all mentioned to Judge XXXX XXXX XXXX. Judge XXXX XXXX XXXX failed to recognize that at this point, XXXX produced a fatal piece of evidence, invalidating the claim of XXXX XXXX, XXXX since it was apparent at this time they lacked standing and had purchased interest that was undefined, and did not consist of any lien owned at any time by NATIONSTAR MORTGAGE, LLC. And, since XXXX had no debt, the lien purchased could not be theirs, it was fraud. XXXX provided a redacted Birth Certificate proving they are the beneficiaries of this case, and trust.XXXX provided documents showing they are the owners of the names XXXX XXXX XXXX and XXXX XXXX XXXX, and all name derivatives as recorded in ( XXXX EXHIBITS 10 ) XXXX XXXX County Records and the UCC. XXXX mentioned to Judge XXXX XXXX XXXX, that they have common law copyrights on their names as contained in ( XXXX EXHIBITS 12 ), there are two there. XXXX mentioned that XXXX XXXX, XXXX and there principals are Judgment debtors to XXXX and have violated XXXX, COMMON LAW COPYRIGHTS, in an amount of one invoice of {>= $1,000,000} sent to the certified dated XX/XX/XXXX, received XX/XX/XXXX in XXXX at XXXX. The second notice for invoices of {>= $1,000,000} was dated XX/XX/XXXX and was sent certified XX/XX/XXXX, these were in response to their illegal postings and mail fraud committed on XXXX. Letters and Invoices sent to XXXX XXXX, XXXX can be seen as ( XXXX EXHIBITS 3 ). XXXX made the point to XXXX XXXX XXXX XXXX, that XXXX XXXX, XXXX and its principals are judgment debtors to XXXX already with a perfected commercial judgment, and can not get a judgment on XXXX or an enforceable Unlawful Detainer since they XXXX XXXX XXXX are Judgment Debtors to XXXX. XXXX also pointed out to Judge XXXX XXXX XXXX, that they had provided documents of a redacted UCC showing the nature of their interest as the Paramount Interest Holder in THE NOTE, since they are holder in possession of the WET IN NOTE.XXXX further produced documentation of ( XXXX EXHIBITS 10 ), a certified document that shows as listed on the UCC DATABASE, XXXX are the owner of the property at XXXX XXXX XXXX, XXXX XXXX, CA XXXX. XXXX also explained to Judge XXXX XXXX XXXX, that a redacted UCC page is located in ( XXXX EXHIBITS 22 ) illustrating XXXX lien position on the property located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX, they are the paramount interest holder in the property with beneficial interest, equitable interest and legal interest and underlying interest as the original purchaser, and the house is being held in the XXXX FAMILY TRUST private for XXXX benefit, all recorded on UCC since XX/XX/XXXXwith updates. XXXX even remarked to Judge XXXX XXXX XXXX, that they were forced into filing a bankruptcy that listed all parties claiming any mortgage interest in the subject property, and that this issue has already been decided at a higher jurisdiction in XXXX XXXX, by a Federal Judge when each party claiming interest in the property located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX. It was apparent from this that all the recordations done by XXXX XXXX, XXXX in the county record were done fraudulently by XXXX XXXX XXXX, since they lacked standing to pursue these and they are in clear violation of GOVERNMENT CODE SECTIONS XXXX ; The False Claims Act.XXXX explained At this time Judge XXXX XXXX XXXX started trying to help the Attorney, by mentioning from the XXXX lengthly unlawful detainer rebuttal paperwork and exhibits that the Appeals court mentioned that no amended complaint was filed in an original case file. XXXX responded by saying that a motion was filed for a 20-60 day leave to amend the complaint but it was procedurally denied. Judge XXXX XXXX XXXX then mentioned in XXXX exhibits of the county recorder files that there were several judgments listed under XXXX. XXXX responded that all of the judgments you see in the county recorder files have been paid through the court, XXXX are secured party creditors, they have each been paid through the county comptroller. XXXX are current will all property taxes paying them themselves and have the documentations. XXXX also cary their own property insurance on their home. So, there are no judgments to enforce the default, and XXXX illustrated this in their ( XXXX EXHIBITS 10 ). XXXX required the contract be brought forth, No Alleged contract was or has been brought forth by Attorney XXXX, since there is no contract or agreement present between XXXX and any party, XXXX claim that XXXX XXXX XXXX has no standing to pursue this matter and it should be dismissed with prejudice, and that Judge should correct this issue by giving XXXX a Quiet Title to the said property, and have the Sheriff produce a new Sheriffs Deed.. The presumption that the lien that XXXX XXXX, XXXX is void and invalid, leading to the presumption that the unlawful detainer action has no legal basis or grounds to move forward, and is being orchestrated fraudulently with fraudulently created and recorded documents in the county records by XXXX XXXX XXXX of XXXX XXXX, XXXX. XXXX mentioned the XXXX XXXX case v. XXXX ( XXXX ) and XXXX v. XXXX, about law blended with equity. From Paragraph 2, NOTICE TO POTENTIAL BIDDERS, where it clearly states that a lien is being auctioned not the property. XXXX then brought up that according to UCC 1-103.6 it states that THE CODE IS COMPLIMENTARY TO THE COMMON LAW, a reservation of rights was also made under ICC XXXX. XXXX mentioned that UCC 1-103.6 states that, The Code can not be read to preclude a Common Law Action.XXXX. XXXX illustrated this with a Senate document from the XXXX CONGRESS, DOCUMENT XXXX, SESSION XXXX, Congress in XXXX, CONTRACTS PAYABLE IN GOLD, and brought up this point since the document speaks to liens and interest, where on page 13 he read a quote, The ultimate ownership of all property is in the State ; individual so-called ownership is only by virtue of Government, i.e. law, amounting to mere, user ; and use must be in accordance with law, and subordinate to the necessities of the State., from this excerpt XXXX XXXX explained that even the deed of trust, if it were valid is invalidated by this excerpt in that we only have liens on the contractual air space within housing. This this bolsters XXXX equity argument since he has beneficial interest, legal interest, and equitable and underlying interest of the original transaction purchase of the house, and has made improvements to the property. XXXX then pointed the judge to the ( XXXX EXHIBITS 22 ) in that XXXX XXXX compiled a listing of his financial interest in the property at XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( XXXX EXHIBIT 22 ) that shows that they are the paramount interest holder of the subject property and already have a lien on the property with a large amount prior to XXXX, XXXX, XXXX XXXX XXXX then asked the judge if he insists proceeding with the case, he has made a legal determination that sections 1-308 and 1-103 of the UCC, which if the system of law that he is operating under, are they not valid law before the court. Then he just went back to as a matter of law. XXXX XXXX mentioned that he had filed multiple complaints with the CFPB, Governor, Attorney General, and Secretary of State, and DA and Sherriff and IRS, in a complaint format. We purchased a home from XXXX and XXXX XXXX and signed what has been revealed to us as a fraudulent security document first in XXXX then on XX/XX/XXXX. The NOTE that we signed was immediately monetized in XX/XX/XXXXnullifying any DEED OF TRUST or alleged mortgage, paying off the house. We had been paying out of reliance on this fraudulent security since our move in date on XXXX. It was not until recently that we filed multiple rescission ( 12 CFR 226.3 gives the right to rescind ) in XXXXXX/XX/XXXXtime frame and learned more about the transaction from a retired Wall Street banker and attorney that we hired to do a loan investigation clarifying the process around XXXX time frame. By filing the rescission letters in our paperwork we discussed the holding of the Supreme Court XXXX v. XXXX and how it nullifies the DEED OF TRUST, the document that is used to foreclose, thus with no deed of trust the unlawful detainer and fraudulent foreclosure sale is nullified..This documentation was back by ( XXXX EXHIBIT 5 ). XXXX also showed their NOTE which is their document of ownership and a CERTIFIED STAMPED DEED. All XXXX XXXX XXXX showed was copied documents from the county records. Everything was manufactured, and not original signatures and none embossed with authentic seals. XXXX objected to the evidence that it was false, fraudulent and manufactured, to the Judge XXXX XXXX XXXX. Attorney XXXX just said his paper perfecting the sale was in order. XXXX also had mentioned they hired a hand writing expert and XXXX XXXX to analyze many documents that were behind this agreement that were never disclosed to us. XXXX asked the judge if he understood about IRC XXXX Trusts involving IRC XXXX, and he has no knowledge of such things. XXXX then again made a jurisdiction argument that was not received well. One in particular XXXX spoke about a document that was used on this most recent foreclosure the THE CORPORATE ASSIGNEMENT OF DEED OF TRUST, that nullifys this current action. It was determined as being fraudulent and a manufactured document by hand writing expert XXXX XXXX, this document was brought forth in court on the XXXX for Judge XXXX XXXX to inspect. This one document nullifies the alleged forclosure as far as the ulawful detainer being based off of a fraudulent assignment since this case involved a IRC XXXX tax free IRS trust that was then fraudulently nullified in XXXX. And is a fraudulent document from expert testimony, and an invalid assignment because of the nature of the static trust it was in. Again, multiple documents that were sent our refuting any and all notices from Title 365, XXXX XXXX XXXX, and XXXX XXXX, XXXX. XXXX were sent out disputing the debt and asking for validation of the alleged debt as per 12 USC 3707 and none of the notices were responded to ( XXXX EXHIBITS 3 ). Also, XXXX mentioned that they were not contacted as per California Civil Code Section 2923.5/and 2923.55 ( C ) invalidating the chain of title of the foreclosure and this unlawful detainer action. XXXX explained that Nationstar, Title 365, XXXX XXXX XXXX recycled some paperwork from the county records from XXXX, and XXXX were never contacted for any loan counseling were it would have been determined that they did not have a loan. XXXX objected to Attorney XXXX XXXX XXXX abusing the legal process, since XXXX had already met the burden of proof for a jury trial in the XXXX Court with their exhibits and were scheduled for a JURY Trial, with Jury selection on the XXXX. XXXX also was filing fraudulent manufactured documents, while XXXX object, and XXXX filed rebuttals to all of the fraudulent documents that were not timely filed with XXXX for a proper response, some proof of services not signed by XXXX or with the incorrect plaintiffs name on the paperwork, and most all documents of XXXX XXXX, XXXX, lacking affidavits and declarations that they were authentic. Judge XXXX XXXX XXXX did not want to get into any of XXXX point by point rebuttal of affidavits, declarations or presentments of evidence by XXXX. XXXX brought up other evidence of their filings with the Consumer Financial Protection Bureau ( XXXX EXHIBITS 8 ), and he did not want to talk about any of the multiple letters sent to the XXXX XXXX XXXX DA, the California Attorney General, the California Secretary of State, or Sherriff of XXXX XXXX County XXXX XXXX putting them notice about the fraud with proof of the fraud. XXXX have contacted the FBI about this and filed a report and other Federal oversite has been contacted. XXXX reserved their rights without prejudice UCC 1-308, and other rights at without prejudice ICC 1-308, the commencement of this action and explained to the Court that they lacked jurisdiction in this matter ( XXXX v. XXXX ) in mentioned in XXXX paperwork, since the case has already been presided on by a Federal Judge as far as the interest in the property and NATIONSTAR MORTGAGE, LLC /INC was listed in XXXX bankruptcy ( XXXX EXHIBIT 9, back page ) and they failed to provide any proof of claim and were discharge without claim XX/XX/XXXX several years before any default judgment was filed against XXXX, or that XXXX were notified of. XXXX were not given a time to cross examine any witnesses that offered testimony or declarations or affidavits. XXXX proved from ( XXXX XXXX, XXXX EXHIBIT 6 ), that the house was not purchased ; but what was designated as an interest sale was some type of lien, but was not defined. XXXX brought up that XXXX XXXX XXXX had no standing because no contract or agreement existed between the parties. XXXX got cut off right before they were going to move the court because of XXXX XXXX, XXXX lack of standing to dismiss the matter. Recently it has been disclosed to us that we are a 3rd party beneficiaries to many of the documents that were not disclosed to us like the prospectus and the pooling in service agreements of the side running financial investment without our knowledge as part of Wall Street scheme, all nullifying any contract, for failure to disclose. We know now that there was never a valid deed of trust in place that was lawful to compel our payment, or to foreclose, and most of all of the reliance was done through mail fraud by XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX, XXXX. Nationstar Mortgage, inc./LLC whom we never have had any agreement with ( XXXX ). XXXX brought up in court that in XXXX credit reports Nationstar Mortgage had reported on XXXX credit report, that before the alleged foreclosure sale XXXX balance was at {$0.00} in a paid off status as far as 3 years prior with Nationstar. So there were no monies owed to foreclose on as per NATIONSTAR, since they reported as such after it was determined a fraudulent security.The Judge XXXX then tried to help counsel XXXX by saying the records of the county showed judgments, XXXX explained that each was for court fees that were paid by XXXX to the court, no evidence was brought forth to refute XXXX claims. Judge XXXX then started to dig in the appeal record, questioning why the complaint was not amended. XXXX XXXX replyed that he filed a 20 -60 day leave to amend the complaint but it was procedurally denied by judge XXXX in the prior case. The case by its own merits has been moved to the US SUPREME COURT from starting back in XX/XX/XXXXtill now. This whole time XXXX claiming standing as secured party creditors since they have filed their UCC-1 and other filings holding the property in trust. XXXX were cut off at that time not being able to ask to move the court for judgment of dismissal based on the prima fascia evidence that XXXX provided. They believe that Attorney XXXX is doing the Summary Judgment to avoid the already scheduled jury trial for the week of the XX/XX/XXXXthrough the XXXX, since XXXX had already met the burden of proof and paid the required {$150.00} fee this matter being tranfered out of the XXXX COURT. XXXX objected to the court that the process was not per the court rules and that they received XXXX XXXX, XXXX documents on the XXXX later in the day and returned them back with XXXX responses sent in the mail on the XXXX, refuting XXXX XXXX, XXXX claims was not enough time for the court to review, in fact in what XXXX XXXX observed they did not review them. XXXX were only given 3 business days to work on the paperwork and sent them in the mail served back on the XXXX, when XXXX were in court, the court still had not received their document service, neither had Attorney XXXX. XXXX strongly object to this process and find it prejudicial to XXXX XXXX, XXXX, and that it is abuse of process since this is the second time XXXX are being denied access to a Constitutional Protection and JURY PROCEEDING. This also damages the law since it is supposed to be base of public policy of jurys, WE THE PEOPLE.XXXX have thus filed a second 11 Amendment notice for damages, and have demanded the oath of office, XXXX Form and Replevin Bond of Judge XXXX XXXX XXXX. We estimate that these bad actors working in concert with the court have caused several millions of dollars in damages to the XXXX ( 3 ). XXXX XXXX then put the court on notice that, he would be appealing the legal determination. XXXX XXXX also asked Judge XXXX if he had a judicial bond, and if he could have a copy of it. He was not answered that was audible. This is another request for the Judicial/Replevin Bond of Judge XXXX XXXX XXXX. XXXX XXXX has given XXXX XXXX permission to communicate about this matter for her. WE DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THIS XXXX DAY OFXX/XX/XXXX, AT XXXX, California. 1. The acts and omissions of Defendants, and their agents, each of them, caused Plaintiffs to suffer actual damages, bankruptcy, credit damage, emotional damages, loss of good title and accrued attorney fees, potential y loss of their home which is valued as over {$670000.00} and is a non negotiable instrument since XXXX have possession of the NOTE and are not wanted to sell it or negotiate it at this time. This means that Judge XXXX XXXX XXXX is commercially liable as per 452 B. R. 876. For XXXX damages from the non-negotiable instrument. XXXX will pursue a commercial remedy in this matter. 2. The acts and omissions of Plaintiffs, and their agents, each of them, continue to cause Defandants to suffer actual damages, emotional damages loss of good title and accrued attorney fees. PRAYER WHEREFORE, Plaintiffs pray for judgment against Defendants, each of them, as follows : 1 ) For a determination that Defendants, each of them, violated CIVIL CODE 2924 2 ) For an Order enjoining the sale or encumbrance or taking of possession of the subject property by Defendants of its agents or assigns until this matter is resolved, 3 ) For an Order cancelling the NOTICE OF DEFAULT, THE ( two ) NOTICES OF TRUSTEE SALE, and the SUBSTITUTION OF TRUSTEE, any ASSIGMENTS, and any TRUSTEE DEED UPON SALE. 4 ) For determination that Defendants, each of them, committed the tort of Intentional Misrepresentations against Plaintiffs, causing harm, 5 ) For determination that Defendants, each of them, committed the tort of Conspiracy against Defendants, causing harm, 6 ) For determination that Plaintiffs, each of them, have engaged in systematic unfair and deceptive business practices in violation of BUSINESS AND PROFESSIONS CODE Section 17200, 7 ) For determination as to the historical Chain of Title of the subject Note including a determination of who current owns the note, who has standing to foreclose or re-convey the deed of trust to XXXX and to Quiet TITLE to XXXX. 8 ) Damages in an amount to be proven at trial, 9 ) Punitive damages in an amount to be proven at trial, 10 ) For Restitution in an amount to be proven at trial, 11 ) For costs of suit and reasonable attorney fees herein incurred, in this commercial remedy. 12 ) For such other and further relief as a Court may deem proper. DATED :XX/XX/XXXX Respectfully submitted, _______________________________________ XXXX XXXX XXXX,, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXXCompany Response:
State: CA
Zip: 95391
Submitted Via: Web
Date Sent: 2017-06-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 1.We obtained a loan modification under the MHAA. We had continued to make every mortgage payment due. Our mortgage was purchased by Nationstar, XXXX, TX. 2. We filed for bankruptcy in XX/XX/XXXX and it was discharged in XX/XX/XXXX. We continued to make our payments and were credited {$1000.00} principal payments for three years as a loan modification payment incentive. 3.In early XX/XX/XXXX, we were informed our payment would increase and I contacted Nationstar to discuss a refinance. I was told our mortgage was in default and had been since XX/XX/XXXX. 4. I learned our payment amount had increased in XX/XX/XXXX but WE HAD NOT BEEN NOTIFIED OF THE INCREASE ( even though our bankruptcy had been discharged and we received other correspondence from Nationstar at our address of 27 years ). Because I did not pay the new payment amount, Nationstar claims we had " missed '' the XX/XX/XXXX payment and had been delinquent every month since then. Also, WE RECEIVED NO NOTICE THAT OUR PAYMENTS WERE DELINQUENT. 5. This caused us to be denied our incentive of two years ' {$1000.00} principal reduction payments and caused our payment history to appear atrocious. 6. I requested the company age the payments current, notify the credit reporting agencies and apply two {$1000.00} principal reductions. Nationstar acknowledged they had not notified us of the increase but denied responsibility for the resulting payment shortages which they classified as delinquencies and they refused to remedy the damage.
Company Response:
State: WA
Zip: 98371
Submitted Via: Web
Date Sent: 2017-06-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Currently I have an FHA loan with Nationstar mortgage, XX/XX/XXXX I received a HAMP modification I fell behind because I had to replace my roof of my home. I filed for Chapter XXXX bankruptcy XX/XX/XXXX to keep my home XX/XX/XXXX I applied for a Loan modification again I was told I would not qualify until XX/XX/XXXX for another modification which would be 2 years from the previous one, It was denied XX/XX/XXXX saying I had a previous modification. I applied again and now they are saying I There is a Government Investor and I would not qualify for a modification until XX/XX/XXXX now 3 years later, can you please look into this for me I have been trying diligently to get the payment modified now that I can afford it again.
Company Response:
State: MI
Zip: 48532
Submitted Via: Web
Date Sent: 2017-06-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: RUSH PLEASE I have foreclosure sale date scheduled for XXXX XXXX , XXXX and I can not stop it. I have Loan Modification with my servicer NATIONSTAR MORTGAGE, LLC a nd seems like they are violating my CALIFORNIA HOMEOWNERS BILL OF RIGHTS. Hi, my name is XXXX XXXX and I 'm having a very hard time dealing and working with my servicer NATIONSTAR MORTGA GE, LLC. I h ave mailed and faxed over all documents for a loan modification but they are still proceeding with the foreclosure sale scheduled for XXXX / XXXX / 2017 . If they proceed with the sale they will be in violation of the CALIFORNIA HOMEOWNERS BILL OF RIGHTS. I really do n't know what else to do. They say they will not give me a loan modification and that they can not do anything. How is it that they can not do anything. I 've been trying with them for a long time. I tried and applied for the Keep Y our Home Cal ifornia program when it was still active and they still said I was denied. I need help. They keep denying and prolonging the process until I have exhausted all my resources. I will not stop fighting till I get a loan modification if be it I will have to file a lawsuit against them in court.
Company Response:
State: CA
Zip: 95765
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: house fire, insurance sent check with nationstar morgage as a payee sent to nationstar in XXXX they issued a check when we tried to deposit it, there was insufficient funds then a stop payment. Nationstar opened a suspense account in XXXX then wrote two corporate advances for the entire amount then replaced the money in XXXX . For two weeks I have not been able to resolve this issue. nationstar says there is no stop payment. finally a supervisor contacted our adjuster I do n't know what they discussed but I did receive the supervisors name and number which have been calling but the call goes straight to voice mail says sorry not available. The contractor has stopped work on the reconstruction of my home because he has not been paid. Also they disconected the pay by phone feature in XXXX so my payment was late and they are charging an outrageous late fee of {$74.00}.
Company Response:
State: CA
Zip: 94539
Submitted Via: Web
Date Sent: 2017-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: From the Desk of XXXX XXXX Private Attorney General 42 U.S.C 1988 RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ( XXXX ) and One of People in a Court of Record * XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Ca XXXX XXXX Consumer : XXXX XXXX XXXX SUCCESSOR TRUSTEE OF XXXX XXXX XXXX AND XXXX XXXX XXXX FAMILY TRUST Property Address : XXXX XXXX XXXX XXXX XXXX, CA XXXX LAST UPDATE XX/XX/XXXX PENDING CRIMINAL INVESTIGATION ATTN : MAGISTRATES, OFFICERS OF THE COURT, PUBLIC SERVANTS ( Any servant under Oath of Office AND ANY AFFILIATES CONNECTED WITH THE DOCUMENTS RECORDED IN SAID COUNTIES STATED HEREIN AS : XXXX XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX, XXXX, XXXX XXXX, XXXX, XXXX, AND XXXX XXXX VIOLATIONS OF 18 U.S.C. 4 MISPRISION OF FELONY AND 18 U.S.C. 371-CONSPIRACY TO DEFRAUD THE UNITED STATES RESCISSION OF SUBJECT PROPERTY UNDER CALIFORNIA CIVIL CODE 1688, 1689 ( a ) ( b ) ( c ) ( 1 ) ( 2 ) ( 3 ) 1689.2 FEDERAL CONSUMER LAWS CIVIL CODE SECTION 1567. An apparent consent is not real or free when obtained through 1. Duress 2. Menace 3. Fraud 4. Undue Influence or 5. Mistake FEDERAL CONSUMER LAWS CIVIL CODE 1571. 1572. 1573. 1574. 1575. 1576. 1577. AND 1578 12 USC Sec. 503. Liability of directors and officers of member banks ; 12 USC Sec. 504. Civil money penalty ; 12 USC Sec. 541. Tax on circulating notes generally ; 12 USC Sec. 582. Receipt of United States or bank notes as collateral ; 12 USC Sec. 629. Conversion of banking corporation into Federal corporations ; procedure 12 USC Sec. 630. Offenses by officers of corporation ; punishment ; 12 USC Sec. 631. False representations as to liability of Unites States for acts of corporation ; punishment ; 12 USC Sec. 632. Jurisdiction of United States courts ; disposition by banks of foreign owned property ; 15 USC Sec. 1692. Congressional findings and declaration of purpose ; 15 USC Sec. 1692g. Validation of Debts ; 15 USC Sec. 1692j. Furnishing certain deceptive forms ; 15 USC Sec. 1693n Criminal liabilities ; 15 USC Sec. 1693o. Administrative enforcement ; 18 USC Sec. 479. Uttering counterfeit foreign obligation or securities ; 18 USC Sec. 480. Possessing counterfeit foreign obligations or securities ; 18 USC Sec. 1962. Prohibited activities ; 18 USC Sec. 986. Subpoenas for bank records ; 31 USC Sec. 5316. Reports on exporting and importing monetary instruments ; 42 USC Sec. 1986 Action for neglect to prevent ; FORGERY CALIFORNIA CODE OF CIVIL PROCEDURE 749 AND 749.5 PENAL CODE115.5 FALSE DOCUMENTS RECORED IN THE COUNTY RECORDERS OFFICE PENAL CODE 182 CRIMINAL CONSPIRACIES PENAL CODE 470 ( a ) ( b ) ( c ) ( d ) INTENT TO COMMIT FORGERY VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( d ) Failure to Discharge the Duties or Responsibilities of a Notary Public VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( e ) Adjudged Liable for Damages in Any Suit Grounded in Fraud, Misrepresentation, Violation of State Regulatory Laws or Failure to Discharge Fully and Faithfully the Duties of a Notary Public VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( i ) Act Involving Dishonesty, Fraud, or Deceit with the Intent to Substantially Benefit the Notary Public or Another, or Substantially Injure Another VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( l ) Execution of any Certificate as a Notary Public Containing a Statement Known to the Notary Public to be False Execution of a certificate that the notary public knew contained false information. VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( o ) Failure to Secure Journal or Official stamp NOTICE OF ERROR UNDER 12 C.F.R. 1024.35-1024.36 DOCUMENTS IN ORDER Yes No Not Required Comments GRANT DEED XX/XX/XXXX DOCUMENT XXXX XXXX XXXX XXXX XXXX XXXX AND XXXX XXXX HEREBY GRANTS TO XXXX XXXX XXXX NOTARIZED AND ACKNOWLEDGED ON XX/XX/XXXX DEED OF TRUST XX/XX/XXXX DOCUMENT # XXXX XXXX XXXX XXXX TITLE ORDER # XXXX LOAN # XXXX BORROWER- XXXX XXXX XXXX LENDER- XXXX XXXX XXXX XXXX DBA XXXX XXXX TRUSTEE-XXXX XXXX XXXX XXXX IS THE BENEFICIARY {$630000.00} ***XXXX XXXX XXXX XXXX XXXX WAS SUSPENDED IN XX/XX/XXXX BY THE SECRETARY OF STATE OF CALIFORNIA AND FRANCHISE TAX BOARD IN XX/XX/XXXX. SEE ATTACHED INTER-AGENCY INQUIRY******ON XX/XX/XXXX XXXX XXXX XXXX XXXX, INCAMENDED UNDER ARTICLE 1 : THE NAME OF THE CORPORATION IS XXXX XXXX 1 0 0 NOTARY PUBLIC XXXX XXXX XXXX HAS COMMITTED CRIMINAL CONSPIRACY WITH THE MULTIPLE VICE PRESIDENTS OF XXXX XXXX XXXX XXXX XXXX AND DUE TO THIS THE SECRETARY OF STATE HAS REVOKED HER COMMISSION AND HAD HER IMMEDIATLEY DESTROY HER STAMP AND EMBOSSERS SEE ATTACHED ORDER. IN VIOLATION OF PENAL CODE 115.5. FALSE DOCUMENTS RECORDED IN SAID COUNTY, PENAL CODE 182 CRIMINAL CONSPIRACY AND PENAL CODE 470 INTENT TO COMMIT FORGERY SEE ATTACHED EVIDENCE PROVIDED BY THE CIRCUIT COURT RECORDS XXXX COUNTY, FLORIDA ASSIGNMENT OF DEED OF TRUST XX/XX/XXXX DOCUMENT XXXX RECORDING REQUESTED BY : XXXX XXXX XXXX AND MAILED TO XXXX FOR VALUE RECEIVED THE UNDERSIGNED XXXX XXXX XXXX XXXX XXXX HEREBY GRANT, SELL, TRANSFER, ASSIGN, AND CONVEY TO : XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE SARM XXXX TRUST FUND SIGNED BY : XXXX XXXX ASSISTANT SECRETARY FOR XXXX XXXX XXXX XXXX XXXX NOTARY PUBLIC : XXXX XXXX XXXX FORGERY COMMITTED BY UNKNOWN SUSPECT ACTING AS NOTARY PUBLIC XXXX XXXX XXXX AND IN VIOLATION OF GOVT CODE 8214.1 ( d ) ( e ) ( o ) ( i ) ( l ) AND VIOLATIONS OF PENAL CODE 115 FALSE DOCUMENTS RECORDED IN SAID COUNTY, PENAL CODE 182 TWO OR MORE COMMITTING CRIMINAL ACTS, AND PENAL CODE 470 INTENT TO DEFRAUD THIS DOCUMENT MUST BE EXPUNGED FROM THE COUNTY RECORDERS OFFICE SUBSTITUTION OF TRUSTEE XX/XX/XXXX DOCUMENT XXXX XXXX XXXX XXXX XXXX. TS XXXX XXXX XXXX HEREBY SUBSTITUTES TO XXXX XXXX XXXX XXXX
SIGNED BY XXXX XXXX XXXX AVP FOR XXXX XXXX XXXX XXXX AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE SARM XXXX TRUST FUND BY XXXX XXXX XXXX XXXX ( XXXX ) AS XXXX XXXX XXXX XXXX ATTORNEY IN FACT NOTARY PUBLIC XXXX XXXX XXXX THIS NOTARY AS WELL AS XXXX XXXX XXXX ARE IN THE COMPREHENSIVE FORENSIC EXAMINTATION OF THE REAL PROPERTY RECORDS THAT SHOW FRAUD, INCONSISTENCY AND R.I.C.O. VIOLATIONS WAITING ON CERTIFIED OATH NOTICE OF DEFAULT XX/XX/XXXX DOCUMENT XXXX XXXX XXXX XXXX XXXX XXXX XXXX ORDER XXXX XXXX XXXX XXXX XXXX. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE SARM XXXX TRUST FUND SIGNED BY XXXX XXXX XXXX, ASSISTANT SECRETARY XXXX XXXX XXXX HAS SIGNED WITH UNKNOWN SUSPECT ACTING AS NOTARY PUBLIC XXXX XXXX IN VIOLATIONS OF OF GOVT CODE 8214.1 ( d ) ( e ) ( o ) ( i ) ( l ) AND VIOLATIONS OF PENAL CODE 115 FALSE DOCUMENTS RECORDED IN SAID COUNTY, PENAL CODE 182 TWO OR MORE COMMITTING CRIMINAL ACTS, AND PENAL CODE 470 INTENT TO DEFRAUD NOTICE OF TRUSTEES SALE XX/XX/XXXX DOCUMENT XXXX XXXX XXXX XXXX XXXX TS NO. XXXX ORDER XXXX ASSIGNMENT OF DEED OF TRUST XX/XX/XXXX DOCUMENT XXXX FOR VALUE RECEIVED THE UNDERSIGNED XXXX XXXX XXXX XXXX HEREBY GRANTS TO NATIONSTAR MORTGAGE, LLC NOTICE OF TRUSTEES SALE XX/XX/XXXX DOCUMENT XXXX XXXX XXXX XXXX XXXX TS NO. XXXX ORDER XXXX XXXX SIGNED BY XXXX XXXX FORGERY COMMITTED BY UNKNOWN SUSPECT ACTING AS XXXX XXXX SEE DIFFERENT SIGNATURE AND PENDING SUIT PERTAINING TO FRAUD AND FORGERY IN VIOLATIONS OF PENAL CODE 115,182, AND 470 SIGNED BY XXXX XXXX ASSISTANT VICE PRESIDENT NOTARY PUBLIC XXXX XXXX XXXX WAITING FOR CERTIFIED OATH ORDERED XXXX SIGNED BY XXXX XXXX FORGERY COMMITTED BY UNKNOWN SUSPECT ACTING AS NOTARY PUBLIC XXXX XXXX SEE DIFFERENT SIGNATURE AND PENDING SUIT PERTAINING TO FRAUD AND FORGERY IN VIOLATIONS OF PENAL CODE 115,182, AND 470 TRUSTEES DEED UPON SALE XX/XX/XXXX DOCUMENT XXXX RECORDING REQT BY XXXX AND NATIONSTAR MORTGAGE LLC UNPAID DEBT {$800000.00} PAID DEBT {$720000.00} NO TAXES PAID XXXX XXXX XXXX XXXX HEREBY GRANTS TO XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX SIGNED BY XXXX XXXX NOTARY PUBLIC XXXX XXXX FORGERY COMMITTED BY UNKNOWN SUSPECT ACTING AS NOTARY PUBLIC XXXX XXXX IN VIOLATION OF GOVT CODE 8214.1 ( d ) ( e ) ( o ) ( i ) ( l ) AND VIOLATIONS OF PENAL CODE 115 FALSE DOCUMENTS RECORDED IN SAID COUNTY, PENAL CODE 182 TWO OR MORE COMMITTING CRIMINAL ACTS, AND PENAL CODE 470 INTENT TO DEFRAUD THIS DOCUMENT MUST BE EXPUNGED FROM THE COUNTY RECORDERS OFFICE President Elect Donald J. Trump XXXX XXXX XXXX XXXX XXXX, NEW YORK XXXX CERTIFIED MAIL XXXX XXXX XXXX XXXX XXXX ATTORNEY GENERALS OFFICE CALIFORNIA DEPARTMENT OF JUSTICE ATTN : ATTORNEY GENERAL XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX CERTIFIED MAIL : XXXX XXXX XXXX XXXX XXXX XXXX CONGRESSMAN XXXX XXXX XXXX XXXX IN PERSON ON XX/XX/XXXX AT 3XXXX XXXX WITNESS XXXX XXXX SPOKE TO XXXX XXXX STAFF ASSISTANT IN XXXX XXXX CA MOBILE OFFICE WRIT OF ERROR TO FORMER SHERIFF XXXX XXXX XXXX FILED XX/XX/XXXX IN DEPARTMENT 1 AT THE XXXX XXXX COURTHOUSE XXXX ATTACHED PACKAGE SENT ON XX/XX/XXXX RECEIVED XX/XX/XXXX REGARDING CRIMES COMMITTED TO THE PUBLIC AT LARGE 13 MILLION APPROX. PENDING FEDERAL BUREAU OF INVESTIGATION COMPLAINT FILED ON XX/XX/XXXX SUBMITTED BY PRIVATE ATTORNEY GENERAL XXXX XXXX FEDERAL BUREAU OF INVESTIGATION REPORT SUBMITTED VIA PHONE BY PRIVATE ATTORNEY GENERAL 42 U.S.C. 1988 XX/XX/XXXX XXXX FEDERAL BUREAU OF INVESTIGATION REPORT VIA PHONE XXXX XXXX SUBMITTED BY PRIVATE ATTORNEY GENERAL XXXX XXXX 42 U.S.C. 1988 ( RICO ) XX/XX/XXXX XXXX FEDERAL BUREAU OF INVESTIGATION REPORT SUBMITTED IN PERSON BY PRIVATE ATTORNEY GENERAL XXXX XXXX XX/XX/XXXX AT XXXXAGENT # XXXX FEDERAL BUREAU OF INVESTIGATION REPORT SUBMITTED IN PERSON BY PRIVATE ATTORNEY GENERAL XXXX XXXX IN THE UNITED STATES BANKRUPTCY COURT XX/XX/XXXX at XXXX XXXX approx IN THE CASE OF THE DEBTOR XXXX XXXX WHEREIN AS JUDGE XXXX XXXX ORDERED XXXX XXXX BY FORCE IN CONTEMPT OF THE COURT TO COME BACK IN AFTER JUDGE XXXX XXXX WAS DISQUALIFIED BY P.A.G. XXXX PENDING ( XXXX ) ON BEHALF OF THE PUBLICS INTEREST, SECURITY, FREEDOM FROM ORGANIZED CRIME WHICH WAS COMMITTED TO APPROX. 13 MILLION INHABITANTS IN THE UNITED STATES OF AMERICA VIOLATIONS OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATION, MAIL FRAUD, WIRE FRAUD, MONEY LAUNDERING, TAX EVASION, FABRICATION OF FALSE DOCUMENTS, PENAL CODES 115, 182, 470 CCC 2934, 2924 CIVIL RIGHTS, WHITE COLLAR CRIMES. OFFICE OF THE PRESIDENT XXXX REPUBLIC OF THE XXXX XXXX XXXX POINT OF CONTACT PRIVATE OFFICE OF THE PRESIDENT EMAIL PHONE APPOINTMENT REQUEST XX/XX/XXXX XXXX XXXX CALIFORNIA XXXX XXXX CASE Office of the Provost Marshal XXXX XXXX XX/XX/XXXX REQUESTING MILITARY ASSISTANCE DUE TO TREASON COMMITTED BY ELECTED OFFICERS OF THE COURT IN MULTIPLE COUNTIES DECLARATION OF STATE OF EMERGENCY AND CIVIL UNREST CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX RESPONDED NOTICED XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX NOTICED XX/XX/XXXX Speaker of the House XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX phone XXXX fax Certified Mail # XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Commission of Judicial Performance XXXX XXXX, Ca XXXX Spoke to XXXX XXXX and he stated he would send a letter pertaining to the investigation against the State Judges. XXXX XXXX NOTICE PENDING MAILED XX/XX/XXXX MAIL ID # XXXX Conclusion Yes No Not Required Comments OFFICE OF THE COMPTROLLER OF CURRENCY CASE # PENDING CONSUMER FINANCIAL PROTECTION BUREAU COMPLAINT # PENDING FEDERAL BUREAU OF INVESTIGATIONS VIA PHONE XX/XX/XXXX AT XXXX XXXX APPROX.SUBMITTED BY PRIVATE ATTORNEY GENERAL XXXX XXXX Judge Advocate General XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX XXXX DEPARTMENT OF TREASURY SPECIAL AGENT XXXX XXXX XX/XX/XXXX OPEN INVESTIGATION * COURT OF RECORD. To be a court of record a court must have four characteristics, and may have a fifth. They are : A. A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it [ XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; Ex parte XXXX, XXXX XXXX XXXX XXXX, per XXXX, XXXX See, also, XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] [ XXXX XXXX Law Dictionary, 4th Ed., 425, 426 ] B. Proceeding according to the course of common law [ XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; Ex parte XXXX, XXXX XXXX XXXX XXXX, per XXXX, XXXX See, also, XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] [ Black 's Law Dictionary, 4th Ed., 425, 426 ] C. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [ 3 Bl. Comm. 24 ; 3 Steph. Comm. 383 ; The XXXXXXXX XXXX, C.C.Ga., XXXX XXXX XXXX ; Ex parte XXXX , XXXX XXXX XXXX ; XXXX v. U.S. , D.C.Ga., XXXX XXXX. XXXX XXXX XXXX XXXX ; XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] Has power to fine or imprison for contempt. [ 3 Bl. Comm. 24 ; 3 Steph. Comm. 383 ; The XXXX XXXX, C.C.Ga., XXXX XXXX XXXX ; Ex parte XXXX , XXXX XXXX XXXX ; XXXX v. U.S. , D.C.Ga., XXXX XXXX XXXX XXXX XXXX XXXX ; XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] [ Black 's Law Dictionary, 4th Ed., 425, 426 ] E. Generally possesses a seal. [ 3 Bl. Comm. 24 ; 3 Steph. Comm. 383 ; The XXXX XXXX, C.C.Ga., XXXX XXXX XXXX ; Ex parte XXXX , XXXX XXXX XXXX ; XXXX v. U.S. , D.C.Ga., XXXX XXXX XXXX XXXX XXXX XXXX ; XXXX v. XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ] [ Black 's Law Dictionary, 4th Ed., 425, 426 ] ***Private Attorney General Private attorney general is an informal term usually used today in the United States to refer to a private party who brings a lawsuit considered to be in the public interest, i.e., benefiting the general public and not just the plaintiff. [ 1 ] The person considered " private attorney general '' is entitled to recover attorney 's fees if he or she prevails. The rationale behind this principle is to provide extra incentive to private citizens to pursue suits that may be of benefit to society at large. Another example of the " private attorney general '' provisions is the Racketeer Influenced and Corrupt Organizations Act ( RICO ). RICO allows average citizens ( private attorneys general ) to sue those organizations that commit mail and wire fraud as part of their criminal enterprise. [ citation needed ] To date, there are over 60 federal statutes [ citation needed ] that encourage private enforcement by allowing prevailing plaintiffs to collect attorney 's fees. Attorneys who function as a private attorney general do so without compensation. The statutes permitting a plaintiff to recover attorneys ' fees have been held not to apply when the plaintiff is an attorney. Definitions : ***18 U.S.C. 4 Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. ***Penal Code 115.5 ( a ) Every person who files any false or forged document or instrument with the county recorder which affects title to, places an encumbrance on, or places an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the document is false or forged, is punishable, in addition to any other punishment, by a fine not exceeding seventy-five thousand dollars ( {$75000.00} ). ( b ) Every person who makes a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act on an instrument or document affecting title to, or placing an encumbrance on, real property consisting of a single-family residence containing not more than four dwelling units is guilty of a felony. - See more at : XXXX XXXX XXXX XXXX XXXX Both statutes [ RICO and Clayton Act ] bring to bear the pressure of private attorneys general on a serious national problem for which public prosecutorial resources are deemed inadequate ; the mechanism chosen to reach the objective in both the Clayton Act and RICO is the carrot of treble damages. [ Agency XXXX XXXX v. XXXX XXXX XXXX ] [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XX/XX/XXXX ) ] [ bold emphasis added ] In rejecting a significantly different focus under RICO, therefore, we are honoring an analogy that Congress itself accepted and relied upon, and one that promotes the objectives of civil RICO as readily as it furthers the objects of the Clayton Act. Both statutes share a common congressional objective of encouraging civil litigation to supplement Government efforts to deter and penalize the respectively prohibited practices. The object of civil RICO is thus not merely to compensate victims but to turn them into prosecutors, " private attorneys general, '' dedicated to eliminating racketeering activity. XX/XX/XXXX., at XX/XX/XXXX ( citing XX/XX/XXXX-XX/XX/XXXX, XX/XX/XXXX , at XX/XX/XXXX ) ( civil RICO specifically has a " further purpose [ of ] encouraging potential private plaintiffs diligently to investigate '' ). The provision for treble damages is accordingly justified by the expected benefit of suppressing racketeering activity, an object pursued the sooner the better. [ XXXX v. XXXX et al., XXXX XXXX XXXX ( XX/XX/XXXX ) ] [ bold and underline emphases added ] Attorney General, Private The private attorney general concept holds that a successful private party plaintiff is entitled to recovery of his legal expenses, including attorney fees, if he has advanced the policy inherent in public interest legislation on behalf of a significant class of persons. XXXX v. Housing Authority of City of XXXX, Ga., XXXXGa., XXXX XXXX XXXX XXXX. See also Equal Access to Justice Act. [ XXXX Law Dictionary, Sixth Edition ] [ bold emphasis added ] Note : The following California State statutes were recently amended by voter approval of Proposition 64. We leave these provisions here, for comparative historical purposes. Private Attorney General statutes, California Business and Professions Code Section 17204. Actions for any relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or any district attorney or by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or any city attorney of a city, or city and county, having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor or, with the consent of the district attorney, by a city attorney in any city and county in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public. [ bold emphasis added ] Section 17535. Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person, corporation, firm, partnership, joint stock company, or any other association or organization of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice in this chapter declared to be unlawful. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney , county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public. XXXX 18 U.S.C. 2381 treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than {$10000.00} ; and shall be incapable of hoCompany Response:
State: CA
Zip: 92505
Submitted Via: Web
Date Sent: 2017-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am filing this complaint against Nationstar Mortgage LLC, herein referred to as Nationstar, because of their continuous efforts to attempt to collect on a debt that I dispute they own. My mortgage did not originate with Nationstar. If I recall Nationstar became my servicer when my loan was in default or they are servicing the debt on behalf of an entity that received the alleged debt while I was in default. Because the entity Nationstar services the debt for received the alleged debt while I was in default, they are " debt collectors as defined by the Fair Debt Collection Practices Act, hereinafter FDCPA, 15 U.S.C. 1692 ( a ) ( 6 ). Nationstar has continually falsely represented the character, amount, and legal status of the debt, and are threatening to take action that is not legal for them to take. Currently, there is a foreclosure sale scheduled on my home for XXXX XXXX 2017. This nonjudicial foreclosure action is in violation of 15 U.S.C. 1692f ( 6 ). Nationstar has refused to work with me in terms of a modification agreement. Upon their refusal to work with me in modifying my loan, I sought the assistance of an attorney. I was informed that based on the documents that are recorded in the XXXX County Recorder 's Office and based on my documents, Nationstar is servicing a debt on behalf of a debt collector who has no rights or authority to the alleged debt or my property. Under the FDCPA, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt. More specifically they may not take or threaten to possess or disable property when the debt collector has no enforceable right to the property or does not intend to do so. Attached hereto, please find Notices of Trustees Sale evidencing the foreclosure sale set for XXXX XXXX 2017. I am filing this complaint with the CFPB because Nationstar has blatantly disregarded the law and they continuously harass me about a debt that is not owed to them and falsely represent who allegedly owns it. Filing this complaint was not only necessary but recommended due to their violations. If nothing is done, they will continue with their blatant disregard for the law.
Respectfully submitted, XXXX XXXX XXXXCompany Response:
State: CA
Zip: 92592
Submitted Via: Web
Date Sent: 2017-06-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-15
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Your automa ted Q & A did not fit my complaint .. . Here is the problem. I am a XXXX XXXX XXXX in Utah. I have a client who is struggling financially. They have XXXX liens on the property. I initiated a short sale ( lo an # XXXX being serviced by Nationstar ) on XXXX 2017 in their required Equator system. Both sides moved through the typical short sale steps. The appraisal was completed XXXX 2017. An offer with all proper documents was submitted on XXXX 2017. We waited for a response from Nationstar for several more weeks and on XXXX XXXX , 2017 , I was told that Nationstar REQUIRES all short sales WITH OFFERS already on the property, to be sent through their own Auction program to " try to get a higher offer ''. My problems with this are as follow s : ( 1 ) The Buyer and Seller have already entered into a contract that the current offer would be the only one submitte d until the short sale lender has finished all negotiations wit h said Buyer - But Nationstar refuses to counter or let the current buyer know what the required net amount is to finish negotiations with the current offer. ( 2 ) Nationstar o wns XXXX - the required auction site and will make an additional 5 % on top of the purchase price because they charge the buyers a 5 % fee for buying on their auction site. The only way the current buyer who submitted their offer a month prior can obtain this property now is if there 's no higher offer. They are " suggested '' to bid on this property through the auction site as well - but Nationstar DOES admit to bidding against real buyers to " get the highest price possible. '' This i s not fair to the current buyer and it violates the current contract between buyer and seller. ( 3 ) In real estate, it 's considered unethical and possibly illegal to REQUIRE anyone to use a specific company if the company making this requirement will profit or benefit from it in any way. Nationstar will make an additional 5 % - on a $ XXXX price that 's an extra {$10000.00} in Nationstar 's pocket. This does not reduce the tax burden imposed on the seller by this $ XXXX either - it ONLY benefit s Nationstar. This is also wrong. ( 4 ) on XXXX XXXX , 2017 I was told b y Nationstar that they would evaluate the current offer prior to sending it to their auction, if and only if, the seller signs the agreement to the auction ... so through duress, the sellers did sign the documents but Nationstar just plai nly said " no '' to the current offer and stated that the offer did not meet the required net ... but they refuse to share the information that I 'm entitled to know as the listing agent, which is what the appraisal came in at. So there 's no way to know if the current offer is in fact within the price range or no t. Nationstar is being deceptive and violating several regulations regarding the above. I am asking for assistance in keeping the property out of the auction unless the current buyer is not willing to meet Nationstar 's price based on the appraised value of the property in its current condition. I am also asking that you assist in making Nationstar share the appraisal that was completed on this property on XXXX XXXX , 2017 . This is necessary to make sure the property is being properly priced by me, the listing agent, as well. I have negotiated the other XXXX liens down on this property and have successfully obtained a fair priced offer. It is unfair that Nationstar now tries to require the seller to use their own auction program - if this was a true requirement, it should have been divulged to me at the time the short sale was initiated and accepted. But it was not. After Nationstar told me that they notified me in advance, they checked the system and could not find any such notification - which is why they agreed to review the current offer fully which they are now not doing - so if this notification " suddenly appears '' now, we will know they are being dishonest about this as well.
Company Response:
State: UT
Zip: 84062
Submitted Via: Web
Date Sent: 2017-06-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-07
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: NATIONSTAR I S FAILING TO REPORT THIS ACCOUNT ON XXXX
Company Response:
State: IN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-06-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A