Consumer complaint received 2023-10-24
Company: ATLANTIC BAY MORTGAGE GROUP LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Payment process

Complaint:
On multiple dates starting back as early as XX/XX/XXXX, I submitted request to Atlantic Bay Mortgage Group, seeking to know weather the followed GAAP related to my promissory note. I also ask ABMG whose property is the promissory, did my signature on the Note create the value for the purchase of the item for this property. I asked ABMG to provide answers to these kinds of question in a specific time frame or XXXX  the account balance and remove all negative credit reporting and send me a release of lien. The company responded with copies of the Note, Deed of trust, a closing disclosure document, but never responded to my request for answers to my inquiry. If I may be allowed to provide date as an amendment I will, when I am near those dates at home. The company never responded to my questions. I learned that I since my Note provided the Value for the alleged loan that ABMG claimed they provided to me, not actually, I could accept their presentment, mailed to me and return it to ABMG signed for the discharge of the alleged debt. I returned that presentment, it was received by ABMG notated on the account but not applied. ABMG continued to send me presentments/ payment coupons and we continued to send Federal Reserve Notes ( FRN/ Dollars ) to pay for something that was already paid. I continued to do research and found that to communicate with Corporations, it needed to be done via Notices. So in XX/XX/XXXX I sent ABMG a Non-Negotiable-Notice of Conditional- Acceptance ( herein after NNNCA ) The NNNCA stated before I can accept their offer, the fundamentals of contract is " certainty of terms '' and I needed ABMG to clarify the terms of the offer I received in the mail. The NNNCA also stated that I wanted to settle this matter as soon as possible. Therefor I sent ABMG questions to answer and return the answers to me by mail within 14 days from the date of the NNNCA. I stated in my Private and Public duties I examined their offer and found errors. I did a Forensic Analysis of their Offer/presentment, ( returned it ) and asked ABMG to stop and correct those errors to avoid possible mail fraud possible fictitious use of language pertaining to the fraud act 18 U.S. Code 1001. I asked ABMG to mail me a corrected Offer in a language I can comprehend and forwarded ABMG a XXXX  ANALYSIS GUIDE. This was designed to safeguard and verify if ABMG knew it could be in Jeopardy of violating federal law from making materially false and possible fictitious or fraudulent statement or presentation whether in person, in writing or via mail. This NNNCA, also expressed terms and conditions if ABMG failed to answer these questions in the specified time.. 
Specifically, you will be deemed to have agreed to the following : that no further payment is owed, that the outstanding debt has been discharged in full thereby reducing the account balance to zero, that you will remove negative credit reporting you have reported to the crediting agencies, that you will mail me a lien release, that you are accepting this NOTICE as full accord and satisfaction. 
Of course ABMG failed to answer the questions, but they did respond by sending documents, like the Deed of trust, closing statement and a copy of My promissory not that contained my and my wife 's signatures only. I will attach a copy of a NNNCA I used as a template to send to ABMG. Additionally I sent ABMG Notice 's of rescission for each of the documents they sent as a response for the NNNCA to rescission for cause my signatures from those documents. I also sent a Notice of acceptance of their Offer ( remittance coupon ). I learned base on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX the the remittance coupon, is a voucher and evidence of an obligation and is used to release the money to discharge a debt. That additionally that coupon can be paid or accepted. When accepted and endorsed it can be used to release the money/credits to discharge a debt. I used the AI tool to assist me with understanding terms and definitions found in the previously mention XXXXXXXX XXXX XXXX XXXX XXXXXXXX. I send all my notices Certified Mail, to verify they are received. Onec received by ABMG they will send a response but fail to address the main issue of the Notice, like answering relavant questions to the Practices and principles related to my NOTE. I sent the acceptance of their Offer/ remittance coupon to the place and person responsible to accept that presentment and apply it to the account fo the discharge of the thing. They will acknowledge receiving all my notices except the ACCEPTANCE Notice designed to be applied against the alleged outstanding balance for the discharge. I have also sent Non-Negotiable-NOTICE -OF FAULT-AND-OPPORTUNITY -TO CURE, giving ABMG the opportunity to Cure their fault for not using the same method that was used to create the debt to discharge it. I also sent via certified mail a Non-Negotiable Notice-of -Default-and -Dishonor-and Estoppel, but ABMG continue to persist in tactics of threat and operate in Dishonor. 
This all came about when ABMG failed to reveal relevant information about this transaction which would have allow us to make a decision based on all the factors related to this transaction. Once I learned that a contract must have 2 parties with both parties bringing and exchanging something of value which make for a valid contract. ABMG brought no value to the transaction. ABMG used actions that relates to stealing, by using my note as value, taking it for themselves and then allowed me to think they were making me a loan of my own property. Who would knowing allow someone to take some think like money form your pocket and then turn around and make you a loan of your own thing of value and then require you to pay back what was already yours in the first place. So instead of accusing ABMG of fraud, We did a rescission on all the documents that had our signatures on them. According to the legal thesaurus and XXXX XXXX XXXX XXXX we could rescission those documents and reset this transaction as way were before there was an alleged contract. According to the documents, ABMG swapped my interest for theirs without proper process, ABMG, presented us with documents that require judges to be present when these types of property changes are made, none were present, neither were there any lawyers present, to ensure all notice and relevant notice were given to us, the signers of the promissory note and the true creditors. ABMG is operating as debt collector who will not validate the debt by answering and swearing under oath to those answers. ABMG appropriated my valuable property without proper notice and then swapped my interest for theirs. This whole transaction is fraught with deception and intentional, knowing and willing actions by ABMG that smells of theft, fraud. But as with now as I stated the Non- Negotiable Notice Of Acceptance, I indicated my acceptance of your offer by my signature and date on the presentment. I did not and am not arguing facts, jurisdiction, law or venue. I requested ABMG adjust and set-off all Public Charges by the exemption in accord with Public Policy. I requested discharge and gave them 5 days to respond and comply. Then stated Dishonor may result if ABMG failed to respond and comply. I had sent the Notice of Conditional acceptance when ABMG sent the coupon I planned to Conditionally accept. I sent a rescission of my signatures on all documents for cause. With mistake being reason. According to the most widely used law book available and the combined research IA tool that ranked mistake as one of the top 5 reasons people rescission contracts. The most important part of the rescission definition that the AI tool provided, is I can rescission a contract with or without consent of other parties as long as I'm not claiming wrong doing by the other party, creating no conflict. ABMG gave up its control when I captured their presentment and offered something of value when i returned it with a stamp and I set the terms and conditions moving forward. ABMG decide to continue to evade the required conditions of my notices. We have a contract that they failed to honor, by responding to the most basic questions. Did My promissory Note bring the value to the transaction? What did they provide as consideration in the alleged contract? Did ABMG follow Generally Accepted Accounting Principles?

According to Federal Reserve Bank publications and Generally Accepted Accounting Principles -- the standard bookkeeping entries banks are required to follow- the promissory note was recorded as a loan from me to the alleged lender or financial institution involved in the alleged loan recorded as a loan from me to the alleged lender or financial institution involved in the alleged loan?

According to the alleged loan agreement, was the alleged lender or financial institution involved in the alleged loan to lend their money as adequate consideration to purchase the promissory note ( loan agreement ) from the alleged borrower?

According to the bookkeeping entries of the financial institution involved in the alleged loan, did the alleged lender or financial institution involved in the alleged loan lend their money as adequate consideration lent to purchase the promissory note ( loan agreement ) from the alleged borrower?

According to the bookkeeping entries of the financial institution involved in the alleged loan. Did the lender or financial institution involved in the alleged loan accept anything of value from the alleged borrower that was used to give value to a check or similar instrument in approximately the amount of the alleged loan? 

XXXX XXXX or its agent, decided that this requested information is either not in their best interest to answer or respond point by point. It instead responded with information that did not address the questions asked, all the while sending ABMG toward being in a status of fault. Your representative acknowledges receiving additional Notices of Rescission for Cause, Notice of Fault and Opportunity to Cure until finally ABMG was mailed via Certified Mail, Notice of Default in Dishonor and Estoppel. Your agent neglected to acknowledge in your latest response receipt of the Non Negotiable Notice of Acceptance, Certified Mail Receipt XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX that again could have given ABMG the opportunity to be in a position of Honor instead of Dishonor.

ABMG failed to reveal to me that it would exchange value for value in this possibly fraudulent agreement. So instead, ABMG would not respond to my questions point by point. Our interest in settling a stated matter fell on deaf ears. We reaccessioned all documents for cause because of mistake.

Finally, in the a letter their counsel stated that there is no evidence ABMG engaged in fraudulent or unfair practices. My position is, by not answering our questions and responding to our issues point by point, not detailing what method the used to come to its conclusion, not assigning a person and telephone number to provide a solution to a XXXX  is in violation. ABMG ahs faulted al the way around and it's time to give me my equity in the form of my deed free and clear.

I want to get this matter resolved lawfully as soon as possible. I will grant you 10 ( Ten ) days from the date of this NON-NEGOTIABLE NOTICE OF ALLEGED LOAN DISPUTE for your response on a point-by-point basis. 

Since ABMG failed to provide a response within the stated timeline, it was presumed that ABMG have accepted the terms and conditions as stated herein.

" Specifically, you will be deemed to have agreed to the following : that no further payment is owed, that the outstanding debt has been discharged in full thereby reducing the account balance to zero, that you will remove negative credit reporting you have reported to the crediting agencies, that you will mail me a lien release, that you are accepting this NOTICE as full accord and satisfaction ''

Company response to consumer: Closed with explanation