Consumer complaint received 2021-10-30
Company: AMERIS BANCORP
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I, XXXX XXXX XXXX , am that I am, the consumer pursuant to 12 CFR 1006.2 ( e ) and 16 CFR 433.1 ( b ). / AMERIS BANK is a debt collector pursuant to 12 CFR 1006.2 ( i ) ( 1 )./ I entered into a consumer credit Transaction with AMERIS BANK on XX/XX/2019, this consumer credit transaction includes a finance charge pursuant to 12 CFR 1026.4, AMERIS BANK is failed to explain the method of determining the finance charge, failed to disclose what must be included in the finance charge, which shall be disclosed clearly and conspicuously in accordance with 12 CFR 1026.17 and 12 CFR 1016.3. / Pursuant to 12 CFR 1026.4 ( b ) ( 8 ), The Finance charge shall include premium insurance against loss or property damage or against liability arising out of the ownership or use of the property. AMERIS BANK did not disclose that my insurance must be included in my finance charge, but instead forced me to purchase insurance separately. / In the process of disputing the debt, AMERIS BANK Brought a lawsuit against me in state court, and asked the court for attorney fees and cost totaling {$110000.00}, I don't have that kind of money to pay AMERIS BANK. / Pursuant to 12 CFR 1006.30 ( d ) ( 3 ), nothing authorizes AMERIS BANK to bring this legal action. / Pursuant to 12 CFR 1006.38 ( c ) I Disputed and Requested for original-creditor information, including name and address. AMERIS BANK refused and failed to disclose the name and address of the original creditor. / Pursuant to 12 CFR 1006.30 ( e ) AMERIS BANK is furnishing deceptive forms, which creates false beliefs about the creditor, that other person than the creditor is participating in the collection or attempting to collect the alleged debt. The alleged Closing Disclosure, Promissory Note, Deed of Trust and Mortgage Statements are in violation of the TILA and FDCPA, failure to disclose the name and address of the creditor. / AMERIS BANK alleged mortgage statements constitute a Billing Error pursuant to 12 CFR 1026.13 ( a ) ( 6 ), and I am demanding Documentary Evidence. / Pursuant to 12 CFR 1026.13 ( d ), collection action is prohibited and adverse credit report is also prohibited. / Pursuant to 12 CFR 226.15 ( b ), AMERIS BANK shall provide the consumer with appropriate forms and Notice of Right to Rescind any transaction. AMERIS BANK failed and neglected to disclose the appropriate form with the required Notice of Right to Rescind. / AMERIS BANK provided me with a NOTICE OF RIGHT TO CANCEL which very is deceptive, misleading and misrepresenting the Truth in Lending Notice of Right to Rescind pursuant to 12 CFR 226.15 ( b ). AMERIS BANK did not clearly and conspicuously disclose when the rescission period expires, which is 3 years if the required notice or material disclosures were not delivered. / Pursuant to 12 CFR 226.15 ( a ), I hereby rescind the consumer credit transaction granting any security interest to AMERIS BANK. / Pursuant to 12 CFR 1006.30 ( c ) I am demanding and directing that AMERIS BANK return any payment received on my behalf./ The filing of AMERIS BANKs motion for attorney fees and costs totaling {$110000.00} based on false and misleading representation of allege contract with undisclosed material facts, constitutes an unfair and deceptive practice pursuant to 12 CFR 1006.22 ( b ), a misleading collection that AMERIS BANK is taking an action that can not legally be taken pursuant to 12 CFR 1006.18 ( c ) ( 1 )./ PLEASE SEE ATTACHED EXHIBITS

Company response to consumer: Closed with explanation