Consumer complaint received 2023-04-28
Company: LoanCare, LLC
State: SC
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
Since XX/XX/2019, there has been a billing error associated with account no. XXXX with financial institution LOANCARE/ XXXX XXXX XXXX XXXX XXXX XXXX The billing error has occurred since the inception of the account defined in 12 CFR 1002.2, where I extended my credit. Pursuant to 15 U.S.C. 1666 ( b ), a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. It can not be considered late because I am the one who extended the credit to LOANCAREXXXX XXXX XXXX XXXX XXXX XXXX through the credit application from my credit card defined in 15 U.S.C. 1602 ( m ). The application served as an asset, which satisfied the monthly obligation pursuant to 12 CFR 360.6 ( 2 ) as well as self-liquidating paper pursuant to 17 CFR 260.11b-6. To which LOANCARE / XXXX XXXX XXXX XXXX XXXX has chosen to not apply the credit to the open end account. This is considered an unauthorized use since I have received NO BENEFIT and SECURITY FRAUD BY ILLEGAL ELECTRONIC FUNDS TRANSFER. 
Following this notice if said financial assets are not either returned to the referenced creditor/bailor/beneficiary via mail within Three ( 3 ) business days or accepted for its intended purpose within Three ( 3 ) business days of the receipt of this notice, an SEC complaint will be filed pursuant to 17 CFR 240.15c1-2 and 17 CFR 240.10b-5. As well as an IRS complaint for abusive tax schemes involving the SEC filed trust arrangement. 
In addition, I have noticed that LOANCARE/ XXXX XXXX XXXX XXXX XXXX have been redeeming the remittance coupons/ instrument as a non-cash item ( 12 CFR 210.2 ( k ) / ( 12 CFR 229.2 ( u ) ( 4 ). By Overall enforcement authority of Federal Trade Commission 15 U.S.C. 1691 ( c ), the creditors assume a criminal and civil liability pursuant to 15 U.S.C. 1693 ( m ) & ( n ). LOANCARE/ XXXX XXXX XXXX XXXX XXXX has violated my secured federally protected consumer and constitutional rights. 
I demand all credits be returned on all remittances/coupons at the inception of the accounts. Furthermore, the open-end consumer credit card ( 15 U.S.C. 1602 ( m ) ) that is on file with account no # XXXX and security instrument by the applicable law ( 15 U.S.C. 1602 ( j ) ) while choosing to make unauthorized electronic fund transfers ( 15 U.S.C. 1693f ( 1 ) ). Balance will be zeroed on a monthly basis via special deposit of the interest-bearing coupons associated on the itemization statement. 
This BILLING ERROR dispute is for past, current, and future certificates of indebtedness under this contract. They are to apply to my extension of credit as long as there is a contract that is in place. This is being brought about due to security fraud. The creditor has been given an asset and has chosen not to provide me with the benefit of it. We have a contract and there is no statue of limitation on security fraud. The Purchase money loan, which is a cash advance, was never given to me in return for a Finance Charge pursuant to 16 CFR 433.1. 
The creditor has furnished deceptive forms. Performed foreclosure proceedings without consent of the beneficiary. Attached to this complaint is a copy of the registered mail, RF 112 176 342 US, sent to XXXX XXXX Chief Financial Officer of Loancare. Sent to the following address : XXXX XXXX XXXX, XXXX XXXXXXXX, VA XXXX. Through telephone conversation on XXXX, at XXXX XXXX, the calls are recorded, that is the address I was told to send billing error disputes. XXXX XXXX Chief Financial Officer is to be on the lookout for this correspondence. 
Also, I have performed a UCC 11 search with the Secretary of State Office in South Carolina and there is no lien filed with that office against XXXX XXXX XXXX XXXX by either creditor or foreclosing attorney. Yet, LOANCAREXXXX XXXX XXXX XXXX XXXX XXXX has put a lien in XXXX XXXX XXXX Deeds office which is fraudulent. That will also be removed by bringing the account to a zero balance. As it should have been from the inception. Again, this is your notice to cure and default before action is taken against all associated with security fraud against me, the debtor.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation