Consumer complaint received 2023-01-04
Company: National Default Servicing Corporation
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
NOTICE AND DEMAND TO RECORD A RESCISSION OF THE ATTACHED NOTICE OF DEFAULT XXXX XXXX XXXX XXXX XXXX AND A FULL RECONVEYANCE OF DEED OF TRUST XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ; Unless National Default Servicing Corporation ( NDSC ) under penalty of perjury, can provide in the next 15 days the following two authenticated documents, a demand is hereby made to IMMEDIATELY record a RESCISSION OF THE NOTICE OF DEFAULT AND A FULL RECONVEYANCE OF THE DEED OF TRUST in XXXX XXXX XXXX ; ( 1 ) Produce an authenticated existence of indebtedness report per XXXX XXXX XXXX reporting showing any proceeds received from the cash conversion of the negotiable instrument tendered to XXXX ( XXXX ), XXXX, at closing in XXXX, any assignment or sale of the instrument to any third party, any default insurance proceeds received or collected by the Servicer and ALL the payments I have been tendering for the alleged " loan '' obligation since closing in XXXX ; ( 2 ) An authenticated copy of Substitution of Trustee per of XXXX XXXX XXXX XXXX ( b ), 50 % of the certificate holders of the XXXX or the XXXX have to sign off on an appointment of the new XXXX under the Deed of Trust ; The Notice of Default filed by NDSC is indicating the Beneficiary is XXXX XXXX. and on whose behalf they are foreclosing. However, my research indicates that the alleged unsecured holder of the Note is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Hence XXXX XXXX of the certificate holders have to sign off on the appointment of the new Trustee per of XXXX XXXX XXXX XXXX XXXX NOTE 1 : NDSC can not abdicate responsibility and refer me back to the Servicer for the above information requested, since they are the ones who filed the notice of default so they must get the requested documents from the Servicer or the Beneficiary or whomever they are representing or taking directions from for the foreclosure ; Failure to provide the requested information means that NDSC is liable for the wrongful foreclosure actions and a demand is hereby, made for a copy of Bond or insurance policy carried by NDSC to indemnify i : the living woman for the harm caused by NDSC 's wrongful foreclosure actions and for statutory damages and/or any other damages allowed under the law for the harm caused to i : a woman ; NOTE 2 : Since NSDC is in the business of foreclosing, they must be aware of the following and if not, I wish to bring it to their attention : ( 1 ) According to the legislative acts of Congress and signed into law by the President, all debt is Government obligation [ 18 USC 8 ] ; Further, under Social Security Act of 1935 Title V, Section 501 and 502, everything is prepaid ; i : a living woman, a consumer is not supposed to incur debt for personal, family and household purposes ; The subject property is a primary dwelling where i : woman domicile ; ( 2 ) Per the attached copy of the endorsed negotiable instrument which was presented to me by NDSC as evidence of debt, I wish to point out that the endorsement pay to the order of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX on the instrument is a master forgery ; This endorsement was done without my knowledge or written expressed consent ; There was no meeting of the minds on the unlawful conversion that took place after the signed instrument was delivered to XXXX at closing ; Therefore, this is an automatic discharge of any debt believed to exist per XXXX XXXX XXXX XXXX XXXX XXXX material Alteration ) & XXXX XXXX Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION ; ( 3 ) Under Title 12, Banks can not loan money. Under 12 USC 412 and Federal Reserve Act Section 16, the instrument i.e. the collateral delivered at closing was the tender in equal par value exchange. Therefore, how can there be a so called loan or credit of any kind from XXXX ( XXXX ), XXXX as perpetrated? However, IF there was any such alleged debt obligation, which remains to be verified under penalty of perjury, this was already satisfied upon the cash conversion of the instrument as per the endorsement by XXXX XXXX XXXX XXXX after the closing in XXXX ; ( XXXX ) Lastly, as I have been informing NDSC  that any alleged outstanding balance was fully settled in XX/XX/XXXX and despite that, NDSC moved forward with a wrongful foreclosure action. According to the attached reports from the 3 major Credit bureaus, XXXX ) XXXX shows the account is closed, date of last activity XX/XX/XXXX ; XXXX ) XXXX is showing monthly payments due {$0.00}, and no past due amount and last payment received in XX/XX/XXXX ; XXXX ) XXXX, the status is current paid or paying and monthly payment due is XXXX 

NDSC has clearly not verified existence of any indebtedness and has initiated a wrongful foreclosure and they are hereby, given an opportunity to cure their mistakes or be held liable for the harm and suffering caused to i : a living woman from their wrongful actions.

Company response to consumer: Closed with explanation