Date Received: 2018-03-14
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: My mortgage loan was transferred from XXXX XXXX to Specialized Loan Servicing. On XX/XX/2017 I made my first payment to SLS. Since then, they have not reported to the credit bureaus that I am a customer of theirs. I called them on several different occasions. They gave me a diffrerent answer to this problem each time. Ultimately, they said that they do not report until after the initial 60 days following servicing transfer of the account. Well, the first time I called it was within this window, so I waited. Each time I called after that they assured me that they would report and did not. I am currently shopping around for mortgage loans and by them not reporting, this negatively affected my credit report. When you pull both mine and my ex wife 's, who is also on the loan, credit report it shows no account for SLS. Just the closed account from XXXX XXXX. This is also negatively affecting my ex wife 's credit as well. It has been over 2 months since the initial 60 days have passed and they still have not reported us as their customers. All I want them to do is report our account to the credit bureaus, but they seemingly are refusing to do this either to incompetence or maliciousness. I have no doubt that if I missed a payment or stopped paying them, that they would report with haste.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28173
Submitted Via: Web
Date Sent: 2018-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I fiked a complaint against the monster servicer I forgot to include a XXXX date My husband have XXXX on XX/XX/2018 The same day monster SLS selling my home Do u also know SLS is under law suites for fruad and not complying by law and taking peoples home without doing anything just like their taking my home
Company Response:
State: CA
Zip: 92656
Submitted Via: Web
Date Sent: 2018-03-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: What happened What happened is I have a XXXX invester that the only thing he cared is his own pocket he should be in XXXX SLS is the servicer and they dont want to do anything except to taken my home I am waiting for my social security to come through XXXX XXXX XXXX is on my case time is what I need and a good servicer SLS is a monster they never worked with me just toy me around and play game Shame on u SLS and invester I will be in the street by the end of the XXXX
Company Response:
State: CA
Zip: 92656
Submitted Via: Web
Date Sent: 2018-03-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: What happened? XXXX and SLS gave conflicting information about my balance during the transfer process and thwarted RESPA Mortgage Guidelines. As a result, I suffered damages, distress and my good credit and peace-of-mind was damaged. -- -- - See letter to XXXX and SLS below I am writing to pay my balance and to express my continuing dissatisfaction in your handling of my HELOC during the transfer process. Frankly, I am amazed by the seeming intent to destroy my good credit. Acting on the advice of counsel, a copy of this letter along with a complaint will be forwarded to the Consumer Financial Protection Bureau ( CFPB ) and Florida Office of Financial Regulations and all the credit agencies. Here is another attempt to ( a ) pay my loan balance and ( b ) to request that all derogatory information reported by your institutions be removed from my credit reports. Payoff Loan Balance Here is a check for {$9500.00} sent to SLS to apply to my balance. Because of the conflicting, misleading and false information presented by your institutions expressed in the background below, I have lost confidence in your ability and desire to follow state and federal guidelines. At the end of XX/XX/XXXX, my loan balance was {$10000.00}. The historical minimum payment was {$50.00} before XXXX decided to close the HELOC. Since then, I have made several electronic payments. Two were rejected by XXXX with a request for me to pay the full amount. Subsequently, four payments, including attempts to pay the full balance were made to SLS totaling {$11000.00}. Two were rejected and two accepted. While that is happening, I received two default letters to pay a minimum due of {$75.00} or face foreclosure. Despite over 10 calls, I am no closer to understanding why over {$1200.00} of my payment remained unapplied while I am asked to pay {$75.00} to avoid foreclosure. Because, I had the audacity to demand to speak with a supervisor, I was told to shut up or my call would be terminated. No supervisor returned my call despite multiple promises that one would. In addition, I was told that I had called to express relief for financial hardship. I never did. When I suggested that the representative may be confusing my file with someone else, the representative was adamant that she could prove it since my calls were recorded. All my calls to your institutions were made from XXXX. Please preserve those records for possible discovery. Remove Derogatory Information The below background will illustrate why any derogatory information on my credit report were caused by XXXX and SLS confusion during the Loan transfer process. Background XX/XX/XXXX : XXXX XXXX XXXX opened XXXX XX/XX/XXXX : XXXX XXXX closed line of credit. I subequely paid off the balance a year later with no adverse effect to my credit. XX/XX/XXXX : I refinanced my fist mortgage loan ( not related to this issue ). That loan was sold to XXXX. ( XXXX acquired XXXX XXXX XXXX ). XX/XX/XXXX : XXXX underwrote new HELOC. It is unclear to me why XXXX instead reopened the XX/XX/XXXX HELOC previously closed in XX/XX/XXXX by XXXX XXXX. XX/XX/XXXX : XXXX closed HELOC while all payments were current. Relying on the precedent set in XX/XX/XXXX, I increased payments to payoff balance ( {$500.00} instead of {$50.00} minimum ). XX/XX/XXXX : XXXX transferred both mortgages HELOC and my first mortgage. First mortgage was to XXXX XX/XX/XXXX ( not an issue in this case ) and HELOC to Specialized Loan Serving ( SLS ). [ XX/XX/XXXX : XXXX accepted payments and forwarded payment to XXXX XXXX ] XX/XX/XXXX : XXXX rejected two payments for {$500.00} to pay down my HELOC. XX/XX/XXXX : XXXX provided XXXX loan document as evidence of HELOC opened in XX/XX/XXXX. XX/XX/XXXX : I made provision to pay off the HELOC. XX/XX/XXXX : XXXX wrote to say the HELOC was transferred to SLS. XX/XX/XXXX : Several calls made to XXXX. Account not viewable online. XX/XX/XXXX : two payments made to SLS ( XX/XX/XXXX and XX/XX/XXXX {$630.00} and {$630.00} ). XX/XX/XXXX : SLS wrote to confirm transfer from XXXX. XX/XX/XXXX : SLS wrote to indicate that credit line was frozen and no additional draw was possible. XX/XX/XXXX : SLS wrote notice of default and intent to foreclosure for minimum due of {$75.00}. XX/XX/XXXX : Multiple calls to SLS. Obtained confirmation payments received and applied and loan current. XX/XX/XXXX : SLS received and rejected online payment of {$630.00}. XX/XX/XXXX : SLS received and rejected online payment imputed to pay off Balance of {$9200.00}.
Company Response:
State: MD
Zip: 20721
Submitted Via: Web
Date Sent: 2018-03-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX RE : XXXX # XXXX SLS # XXXX To Whom It May Concern, We are writing today to inform you of the events, some of which many would deem unethical if not unlawful, that have led to our request for an investigation into these practices, or possible assistance in clearing up the matter. We will be listing the events in timeline order in hopes of making them easier to follow. First, let us give you a short recap of who we are in order to give you a better understanding of our background. XXXX is a XXXX XXXX XXXX and XXXX is a XXXX. They are extremely active in their community, with XXXX being awarded Woman of the Year in her community, and Elk of the Month in her local Elks Lodge for countless volunteer hours helping veterans, abused women and children, students in the District, etc.. They have been together since XX/XX/XXXX, meeting as teenagers and becoming young parents to XXXX, now XXXX, and XXXX, now XXXX. They bought their home in XX/XX/XXXX. When the recession hit around XX/XX/XXXX, XXXX was working long hours and often not getting paid by his clients for the work he completed, as those clients were also facing the effects of the recession. XXXX, then in her early XXXX, had returned to college, taking upwards of XXXX units per semester, graduating with her XXXX with honors before receiving her XXXX credential. With the decline in the economy, XXXX student loans carried them through financially. However, they fell behind in their mortgage. In XX/XX/XXXX, with the economy picking up, XXXX started with his plan to make double payments on the mortgage in order to help catch up with the months they were behind in paying. In XX/XX/XXXX, he made his first double payment. The following month, he called in to do the same, and was told no payment would be accepted because they were seven months behind. When XXXX mentioned to the phone operator that he had just made a double payment and were only five months behind, he was told there was no history of that transaction. This is where our story with XXXX XXXX XXXXXXXX and Specialized Loan Servicing ( SLS ) begins ... XX/XX/XXXX - We receive notice that our loan has been transferred from XXXX XXXX to XXXX XXXX XXXX, a division of XXXX XXXX XXXX. XX/XX/XXXX - We received a notice from XXXX XXXX stating the balance owed on the home was {$350000.00}. XX/XX/XXXX - The last dated statement weve received from XXXX XXXX states a balance of {$330000.00} is owed. XX/XX/XXXX - XXXX makes a double payment on the account, bringing the months in arrear to just five months. XX/XX/XXXX and early XX/XX/XXXX - XXXX makes several calls to XXXX XXXX to make another double payment and is denied, being told the foreclosure process has begun as there has not been a payment made since XX/XX/XXXX. When XXXX states he had just made a double payment the previous month, he is told there is no record of this payment. We proceed to make several more phone calls regarding the missing payments. XX/XX/XXXX - We receive a notice of foreclosure. XX/XX/XXXX - XXXX writes to XXXX XXXX regarding opening an investigation into the missing payments from XX/XX/XXXX. XX/XX/XXXX - XXXX responds to XXXX letter, and includes a printout of payments received, which shows there were, indeed, two payments made in XX/XX/XXXX. However, this confidential loan information is sent XXXX at a totally unknown address in a completely different state ( New Jersey ). XXXX XXXX XXXX, the recipient of this information, was kind enough to mail us those documents, along with the original mailing envelope. NOTE : This is the beginning of a pattern by XXXX XXXX and Specialized Loan Servicing ( SLS ) of mailing important and time sensitive material to the incorrect address. If not for XXXX XXXX tracking us down and mailing us our information, we would never have proof that our XX/XX/XXXX double payment was properly credited to our mortgage. XX/XX/XXXX - After months of sending in our information for a modification loan with XXXX XXXX, and repeatedly being told information was either missing or illegible, we spoke with attorney XXXX XXXX, and retained his services of assisting with the completion of our loan mod packet. XX/XX/XXXX - We contacted XXXX XXXX XXXX XXXX, a mortgage assistance program, to see if they could help with keeping our home. You will see in a future timeline entry that this did not work due to our servicers lack of response to their requests for information that would help us. XX/XX/XXXX - We received our first denial of a loan mod, due to missing paperwork. Our attorney, XXXX XXXX, disputed the rejection immediately with proof of all paperwork being turned in. XX/XX/XXXX - Foreclosure paperwork is taped to our front door. We continue to send in information requested to XXXX XXXX for the next several months, with communication between XXXX XXXX and XXXX XXXX continuing through email and postal mail. XX/XX/XXXX - We are informed by XXXX XXXX that XXXX XXXX of XXXX XXXX XXXX contacted XXXX XXXX. Apparently, XXXX XXXX had been contacted by a Federal Monitor who, after reviewing loan modifications, expressed concerns regarding the extended amount of time the bank to resolve the loan mod. XXXX XXXX also assured a decision would be made in one to two days of receiving one last document from us. XX/XX/XXXX - XXXX XXXX XXXX XXXX sends us a letter stating they are unable to assist due to the fact that our servicer failed to respond to their several requests for information, despite the fact that documents were signed by XXXX permitting XXXX XXXX XXXX XXXX to obtain said information. XX/XX/XXXX and XX/XX/XXXX - XXXX mails a letter to government and bank officials regarding the errors and irresponsible handling of our loan/loan modification. XX/XX/XXXX - Our modification loan is rejected. We are given thirty days to appeal. XX/XX/XXXX - XXXX XXXX writes XXXX in response to her letter to XXXX XXXX, Chairman of XXXX XXXX XXXX. In it, he incorrectly states the missing mortgage payments were from XX/XX/XXXX, when they were actually from XX/XX/XXXX. He states no payment can be accepted once foreclosure has started. The payments were received the month before foreclosure started and were not credited by XXXX phone calls in XX/XX/XXXX/XX/XX/XXXX. This shows yet again a pattern of miscommunication and lack of attention to detail that results in the foreclosure process continuing under false pretenses. XX/XX/XXXX - Attorney XXXX XXXX sends in the appeal, with ten days remaining before the deadline. He notes the NPV calculations used by XXXX XXXX in their reasoning for the denial doesnt make sense, and the appraisal does not coincide with several appraisal companies findings. XX/XX/XXXX - XXXX responds to a letter and phone call received from XXXX XXXX, an XXXX XXXX employee in the Default Escalation Department. XXXX XXXX voicemail stated he wanted to discuss XXXX letter sent to XXXX XXXX executives. While talking to XXXX XXXX, XXXX had to correct him when he attempted to discuss previous conversations between the two of them, which had never happened. After realizing his mistake and reviewing the loans history, he stated several times the loan was current. He stated our appeal sent in the time frame allotted was never received and the loan was transferred to a different department. XX/XX/XXXX - XXXX texted XXXX to relay the information she just learned during her phone call to XXXX XXXX. XXXX immediately called XXXX XXXX to make a payment, if indeed the account was current, only to hear the automated system stateme the loan was paid in full. Yes. You read correctly. Paid in full. XX/XX/XXXX - XXXX purchases XXXX XXXX XXXX. We expect to receive paperwork from XXXX regarding our loan. XX/XX/XXXX - After months have gone by without hearing anything from XXXX XXXX, a document is sent to XXXX XXXX at an address he has never resided at. The address belongs to XXXX XXXX office. The document is from Specialized Loan Servicing ( SLS ). SLS has not had any dealings with XXXX XXXX. If they are taking over the loan, new documents should have been sent to the homeowner at his address and never were. The document demands {$70000.00} be paid to SLS before they would accept any mortgage payments. There was no accompanying letter, no mention of XXXX XXXX, no introduction of being the new holders or servicers of the loan. To us, it appeared to be another piece of junk mail similar to the hundred of pieces of mail and phone calls weve received since foreclosure began, asking for money. Our attorney, XXXX XXXX, responds to the request, stating if they are taking over the loan, then regular payments are required to be allowed to commence immediately. No response was received. XX/XX/XXXX - SLS sends another bill to our lawyers address, but not response to our lawyers letter. Again, SLS has had no business with XXXX XXXX, so we are perplexed as to why our mail is being sent to that address and not to us. SLS is now demanding {$79000.00} before they will accept any payment on the loan. XX/XX/XXXX - Foreclosure paperwork is delivered to our home. XX/XX/XXXX - XXXX XXXX is retained as a second attorney to assist with a lawsuit in regards to the mismanagement of our loan and severe lack of communication from SLS. XX/XX/XXXX - Another loan modification application is sent in and is received by SLS on XX/XX/XXXX. XX/XX/XXXX - XXXX XXXX files our lawsuit. XX/XX/XXXX - a TRO is put on the sale of our home while XXXX XXXX XXXX reviews the case. XX/XX/XXXX - XXXX XXXX sends a response to SLS who stated on XX/XX/XXXX no postponement of foreclosure would occur. XXXX XXXX states that while a loan modification packet is in their possession and being reviewed, no foreclosure can take place, citing dual tracking. XX/XX/XXXX. XXXX - Opposing Counsel, XXXX XXXX, at XXXX XXXX XXXX XXXX XXXX contacts XXXX XXXX and offers a loan modification in exchange for dropping the lawsuit. XX/XX/XXXX - XXXX XXXX accepts the HAMP loan mod on our behalf, which requires three trial payments being mailed. XX/XX/XXXX - We sent in the first of three trial payments. Including in the mailing was a check from my XXXX card account, the necessary signed forms agreeing to the trial loan mod, and a letter from XXXX asking that any further communication be sent to our home address or phone number. The envelope was sent with a signature required for delivery. XX/XX/XXXX - Our second trial payment was sent in, along with the signed trial loan mod paperwork, another letter asking to be contacted at our home address, and a check from our personal bank account. XX/XX/XXXX - Our third and final check, drawn from our personal bank account, was sent in with the necessary paperwork and another letter asking SLS to contact us directly, something they have failed to do from the get go. XX/XX/XXXX - We emailed XXXX XXXX inquiring as to why we hadnt heard from SLS regarding the trial loan mod. For the next couple of weeks, she emailed back and forth with opposing counsel, XXXX XXXX, about the checks. XXXX XXXX asked for proof of the payments being mailed in. After several weeks, we discovered SLS was sending correspondence to XXXX XXXX previous office address, ignoring our three requests for communication to come to our home address. SLS had cashed two of the payments, refusing to cash the check from XXXX XXXX card account, which would cash the same as a personal bank account check. XXXX XXXX said SLS demanded a personal bank check to be sent in. Meanwhile, SLS had canceled the trial loan mod after claiming payments were not sent in on time. Our signatures accepting the payments at SLSs XXXX XXXX, CO address says otherwise. Nowhere in the paperwork for the trial loan mod was there any stipulation of where the payments were drawn from. A replacement check was sent to SLS after waiting several days for XXXX XXXX to instruct us where to send it. XX/XX/XXXX - XXXX XXXX, another XXXX XXXX XXXX XXXXXXXX counsel person writes that a letter dated XX/XX/XXXX from SLS rejects our trial loan mod. This letter was sent to an address no longer being used by XXXX XXXX. No communication was sent to XXXX or XXXX. XX/XX/XXXX - XXXX XXXX rejects XXXX XXXX counter and offers a walk away. XX/XX/XXXX - Another loan modification is completed and then sent in by XXXX XXXX on behalf of XXXX and XXXX. XX/XX/XXXX - The one and only piece of communication sent by SLS is attached to our door, in the form of a slip of paper asking XXXX to contact a SLS representative at a number verified to belong to SLS. XX/XX/XXXX - A class action lawsuit against SLS for their unlawful practices dealing with loan mods and mortgage fraud is filed. We are not affiliated with the lawsuit, but can relate to the claims. XX/XX/XXXX - After not receiving word on the last loan mod application we sent in, XXXX XXXX helps up complete another one and it is sent in by XXXX. XX/XX/XXXX - SLS denies our loan mod, sending the denial to an address not affiliated to XXXX or XXXX, XXXX XXXX, or XXXX XXXX. It is addressed to XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX, CA XXXX. This address is XXXX XXXX previous office address and has not been her office address for almost two years. Opposing counsel was made aware of this back in late XX/XX/XXXX when SLS was sending the trial loan mod check back to this incorrect address. Opposing counsel and SLS continued the practice of not updating their addresses on file, even when made aware of the change. Not only was the denial sent to the wrong address, there is no floor or office number, no mention of XXXX XXXX ( whose office it was two years prior ). It is unknown where the mail ended up, but XXXX XXXX is not the attorney who prepared our loan mod packet, XXXX XXXX is. There is no reasonable conclusion as to why SLS mailed the denial to this expired and incomplete address. XX/XX/XXXX - The court case is dismissed, as we were not allowed to enter all the new misconduct from SLS onto our original claim. XX/XX/XXXX - XXXX XXXX sends a letter to the Attorney General and the Consumer Protection Financial Bureau. SLS responds to XXXX XXXX saying they will only deal with XXXX XXXX. XX/XX/XXXX - Letters of foreclosure are delivered to XXXX and XXXX address. The amount due has gone from {$330000.00} to {$430000.00}. The sale date is XX/XX/XXXX. To this date, SLS has not returned the money from the two checks they cashed during the trial loan mod in late XX/XX/XXXX. SLS also repeatedly refuses to disclose who holds the loan, stating they only service the loan. Hopefully this timeline of events gives you an insight of what we have been dealing with for the past several years. The mental, emotional and physical stress we have endured has been taxing to say the least. We have been bombarded with solicitations through the phone, mail, and have even had men accost our daughter as she attempted to leave for school asking to speak to us about saving our home. We have spent countless nights trying to find a way to continue to make payments on our mortgage. XXXX has been physically ill due to the stress and worry over the home she has raised her children in being taken away while every request for proper review of IXXXX XXXX/SLSs oversights have fallen on deaf ears. We have spent tens of thousands of dollars on legal fees trying to save our home. We are hoping those connected with the banks and firms involved in these events will take steps to correct the errors made by their staff in the past several years. As is always requested, please send any correspondence to our home address. We look forward to your prompt reply as this is a time sensitive matter with the sale date being less than four weeks away. Thank you, XXXX and XXXX XXXX The included documents are listed in order below : * XXXX notice of transferring our loan to XXXX XXXX XXXXXXXX, a division of XXXX XXXX XXXX. ( one page ) XXXX XXXX XXXXXXXX letter regarding amount owed as of XX/XX/XXXX ( one page ) *Jeffs letter to XXXX asking them to find the two missing payments from XX/XX/XXXX. (one page ) *XXXX proof of payment that was mailed to a complete stranger, XXXX XXXX of New Jersey . Included are the outside of both mailing envelopes, XXXX XXXX note to us, the statement showing both XX/XX/XXXX payments, and a letter from XXXX showing the incorrect address. ( four pages ) *XXXX XXXX XXXX XXXX letter stating XXXX is not responding to any communication sent by XXXX . ( one page ) *Response letter from XXXX XXXX XXXX , where he incorrectly states our missing payments were from XX/XX/XXXX, a month after foreclosure had started. The two missing payments were made in XX/XX/XXXX. ( two pages ) *XXXX letter, sent to XXXX XXXX , who was representing us with our loan mod application with XXXX XXXX months earlier and had no dealing with SLS. ( two pages ) *Email from opposing counsel, XXXX XXXX , promising a loan mod in exchange for our lawsuit against SLS being dropped. ( two pages ) *SLSs loan mod paperwork sent to us. As laypersons, we could not find any mention of what type of check we were allowed to use. ( twenty pages ) *Our three trial payments for the loan mod. ( seventeen pages ) *SLSs denial of our loan sent to an address formally used as an office by XXXX XXXX , and XXXX XXXX had informed opposing counsel representing SLS that the address was no longer her office address at least eighteen months prior to this. The floor/office number is also missing from the address. ( three pages ) *SLSs response to XXXX XXXX complaint against SLS to the Consumer Financial Protection Bureau , including payment histories. ( ten pages )
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92780
Submitted Via: Web
Date Sent: 2018-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX we missed a mortgage payment to Specialized Loan Servicing LLC. On XX/XX/XXXX, I talked to an Agent on the phone and made arrangements for XXXX XXXX payment of {$1000.00} to be electronically transferred. We later received a confirmation letter dated XX/XX/XXXX. ( see attached ) Then we received a Default Notice and Notice of Intent to Foreclose dated XX/XX/XXXX. ( see attached ) We are one month behind in payment and are working on bringing the account current.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 96003
Submitted Via: Web
Date Sent: 2018-03-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-08
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: To Whom It May Concern, My husband and I are extremely " underwater '' on our primary home that we purchased in XX/XX/XXXX. In XX/XX/XXXX, we applied for and was approved for an home modification through our current lender SLS that instead of an decrease in our mortgage we experience an huge increase in our mortgage from XXXX to XXXX. We are currently paying XXXX due to increase in our escrow. We have been trying to refinance to lower the payment but due to that we owe XXXX and the house is value at XXXX we have been unable to qualify for a refinance house until now. We are working with an excellent mortgage specialist that informed us that we could possibly refinance the house if our current lender SLS ( Specialized Loan Service ) agree to forgive the difference amount that is owed. We submitted an letter on XX/XX/XXXX regarding this request via fax and email. I called SLS several times regarding receiving the letter and my request and was informed by one representative that they do not accept those type of requests, another representative informed me that they do not know what department deals with those type of requests and was unable to transfer to that department. I did speak with an Supervisor XXXX who informed that what I was requesting was what SLS called an short notification payoff and that most likely the office that is reviewing my request will send me the documentation to complete for the short notification. However, I have not received such documentation. I have received notice from SLS that they are reviewing my request and will notify me of letter the determination. SLS did not provide me with an timeframe but just stated " will notify you according to the government policy of notification '' Also, they sent me an letter stating " thanks for requesting application for an loan modification we will start to begin the process once you fill out the forms ''. I did not request loan modification as our letter was extremely clear of the request. We believe SLS is avoiding our request and is sidetracking us with other non-useful documentation. We are requesting your assistance in this matter to escalate our requests with SLS so we can receive the correct documentation and proceed to refinance our house to lower our payments as this is causing dire financial strain to our family. Thanking you in advance.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2018-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Specialized Loan Servicing has attempted to foreclose on the proprietary lease and shares in a XXXX XXXX XXXX without a valid and enforceable security interest, and collect a discharged debt in violation of the discharge injunction in place in the XXXX XXXX of New York Bankruptcy Court case XXXX. XXXX XXXX XXXX has sold a debt and mortgage while subject to Loss Mitigation proceeding in the above mentioned case to avoid the implications of the pending Objection to XXXX 's MOTION FOR RELIEF, requesting sanctions and outlining XXXX 's violations of law.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have previously filed a compliant against SLS for this same thing. SLS refuses to properly apply my principal reduction payments. This causes me to have to repeatedly call and write them to correct their error. They have stated multiple times that they have corrected this this but it continues to happen. This results in SLS charging me extra interest - beyond what is defined/allowed in my Mortgage
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33884
Submitted Via: Web
Date Sent: 2018-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-06
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: 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
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30094
Submitted Via: Web
Date Sent: 2018-05-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A