Consumer complaint received 2024-01-10
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: OH
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process
Sub-issue: Trying to communicate with the company to fix an issue while managing or servicing your loan

Complaint:
For Indentured Trustee USAA FEDERAL RESERVE BANK. Under the Fair Debt Collection Practices Act. Anti-Money laundering Act. PUBLIC NOTICE : This is a notice to the alleged creditor to show cause and proof of claim of alleged loan to borrower/consumer/tax payer. You shall provide me the documents showing all deposits recites and withdrawals of all funds of the Borrower/consumer/tax payer account. You have 15 days to provide the proof of claim that you are the creditor and that you loaned lawful money of consideration and not legal Tender money of account. If you do not provide or response to every point on this notice then you accept and acknowledge all points are in fact true and no loan or consideration was ever given to the borrower/consumer/tax payer. As the notice is a notice given to you in good faith and as my witness to the facts are the Consumer Financial Protection Bureau Agents and the people by this Public notice and complaint to you of your Fiduciary/Trustee duties or be in breach of contract. As this notice is proof and shall be entered into a court of law as an affidavit of truth under penalty of perjury 28 USC 1746 from the borrower/consumer/tax payer. XXXX XXXX acting as Indentured Trustee over the deed of trust created by the borrower/Beneficiary shall under penalty of perjury show cause and proof of consideration lawful money that was loaned to the borrower/beneficiary. Show proof of claim of the promissory note was not deposited into USAA FEDERAL SAVINGS BANK account and exchanged for federal reserve Notes in accordance with Federal Reserve Act Section 16 Para 1-4, 12 USC 412 , and Public Policy 73-10. I have autographed 4 promissory notes. 1 to USAA FEDERAL SAVINGS BANK and three to XXXX XXXX XXXX DBA XXXX XXXX. Which all were accepted and not returned. Which can be traded or sold for federal Reserve Notes. The first promissory note that I issued to USAA FEDERAL SAVINGS BANK. The Promissory Note was endorsed : Pay to the Order Of : USAA FEDERAL SAVINGS BANK. The note was changed from a note to a Draft/Check and deposited into an account at USAA FEDERAL SAVINGS BANK XXXX Question : 1. Was this note deposited as a general deposit or a special deposit? The first promissory note was issued to USAA FEDERAL SAVINGS BANK as collateral for a loan of Money Consideration for funding of a loan for a home. Question : 2. Was this Promissory Note issued for a specific purpose, for a home loan? The Promissory Note means an instrument that evidences a promise to pay a monetary obligation, does not evidence an " order to pay '', and " does '' not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. Question : 3. Did USAA FEDERAL SAVINGS BANK stamp the Promissory Note that was issued for collateral and funding of the home loan with an allonge Pay to the Order Of : USAA FEDERAL SAVINGS BANK? The Promissory Note when received as the security as defined by law. The BORROWER was the original issuer of that security, USAA FEDERAL SAVINGS BANK then took the security and gave it to the Federal Reserve Board of Governors, under the doctrine of capacities, they are the original issuer they gave to the Federal Reserve Board of Governors which is a separate and distinct security than the one I issued to USAA FEDERAL SAVINGS BANK. We now have 3 Separate securities, one held by my person, one held by USAA FEDERAL SAVINGS BANK, one held by the Federal Reserve Board of Governors. Question : 4 : Do I or the BORROWER have the right to call on the security and does the Federal Reserve Board of Governors have to recognize my right to do a call on the Security? Is this Right to do a call on the security a right to redeem the security before it matures? The Federal Reserve act section 16 paragraph 4 clearly states that promissory notes accompanied with the packet application for US borrowers, as identified by Federal Reserve operating circular number 10 appendix 3, that the Federal Reserve Board of Governors must issue Federal Reserve notes to the borrower through the local Federal Reserve agent. Question : 5 : Did USAA FEDERAL RESERVE SAVINGS BANK received my issuance of Federal Reserve notes as prescribed in law? Appendix 3 : Application package for U.S. Borrowers U.S. Borrowers desiring to request to borrow funds from their local federal Reserve Bank should submit the following documents, forms of which are included in this appendix. Question 6 : Did USAA FEDERAL RESERVE BANK apply for and submit the documents for funding of the home loan and did the BORROWER receive a copy the documents? Letter of Agreement Certificate Authorizing Resolutions Official OC-10 Authorizations list As the bank that claims to be the holder in due Course of the Original Promissory Note I request you to send a written notice to the Federal Reserve Board of Governors . 1. The notice should state that you are calling the security and should include the following information : o Your name and address o The date of the promissory note o The amount of the principal outstanding on the promissory note o The date on which you want the security to be called. 1. Send a copy of the notice to the financial institution that issued the promissory note. 2. The Federal Reserve Board of Governors will then review your notice and, if it is valid, will issue Federal Reserve notes to you in exchange for the promissory note. Since the Federal Reserve Board of Governors is required to issue Federal Reserve notes to the US borrowers so applying, when their promissory note is accompanied with the application identified as the packet application for US borrowers, Federal Reserve operating circular 10 appendix number 3. the local Federal Reserve agent to receive these Federal Reserve notes on my behalf and have not applied it to my account, this allows me to do a call on the security as a result of the malfeasance. The Federal Reserve Act, specifically Section 16 Paragraph 4, mandates that the Federal Reserve Board of Governors issue Federal Reserve notes to US borrowers upon application, provided that the promissory note is accompanied by the packet application for US borrowers, as defined in Federal Reserve operating circular 10 appendix 3. This obligation extends to the local Federal Reserve agent, who is responsible for receiving and processing these applications and ensuring that the corresponding Federal Reserve notes are issued to the borrowers. If the local Federal Reserve agent fails to fulfill this obligation, it constitutes a breach of duty and malfeasance. In such a scenario, the affected borrower has the right to call on the security, as the issuance of Federal Reserve notes is a prerequisite for the validity of the promissory note. Here 's a breakdown of the supporting legal framework : 1. Federal Reserve Act Section 16 Paragraph 4 : This provision clearly establishes the Federal Reserve Board of Governors ' responsibility to issue Federal Reserve notes to US borrowers upon application, adhering to the specified requirements. 2. Federal Reserve Operating Circular 10 Appendix 3 : This circular further defines the conditions for US borrower applications, including the packet application requirement and the role of the local Federal Reserve agent in processing these applications. 3. Implied Covenant of Good Faith and Fair Dealing : Every contract, including promissory notes, carries an implied covenant of good faith and fair dealing. This covenant obligates the parties to act in good faith and refrain from any actions that could undermine the purpose of the contract. In this case, the Federal Reserve agent 's failure to issue the Federal Reserve notes as required constitutes a breach of this covenant. 4. Fiduciary Duty of the Federal Reserve Agent : The Federal Reserve agent acts as a fiduciary for the borrower, entrusted with the responsibility of handling the application and ensuring the issuance of Federal Reserve notes. Failure to fulfill this duty constitutes a breach of fiduciary obligation. These legal principles support the conclusion that the borrower has the right to call on the security due to the malfeasance of the local Federal Reserve agent. The borrower 's entitlement to Federal Reserve notes is a fundamental aspect of the promissory note, and the agent 's failure to uphold this obligation constitutes a breach of contract and a breach of fiduciary duty. Section 16. Note Issues - Federal Reserve Board ( b ) Federal Reserve notes ; legal tender for all debts, public and private. Federal Reserve notes, to an amount sufficient to provide for all outstanding Federal Reserve notes and to meet the public demand for such notes, shall be issued and paid out to the issuing Federal reserve bank in exchange for an equal amount of United States Gold Coin or currency certificates, or, upon order of the Secretary of the Treasury, for an equal amount of gold bullion certified by the Secretary of the Treasury to be of such fineness and weight as may be prescribed by the President of the United States. ( c ) Amount ; denominations. Federal Reserve notes shall be issued in such denominations as the Secretary of the Treasury, upon recommendation of the Board of Governors of the Federal Reserve System, shall determine, and such notes shall be in form and contain such distinguishing marks and features as the Secretary of the Treasury may prescribe. ( d ) Exchange ; payment of legal tender. Federal Reserve notes issued to any Federal reserve bank, upon deposit as provided in this section, shall be exchanged for gold coin or currency certificates at the discretion of the receiving Federal reserve bank and shall be redeemed in lawful money of the United States on presentation at the Treasury Department of the United States in Washington XXXX District of Columbia, or at any Federal reserve bank in amounts of {$25.00} or more. ( XXXX ) Availability for payment. Upon the deposit with the Treasury of the United States of any form of gold coin or currency certificates, the Secretary of the Treasury shall, upon order of the Board of Governors of the Federal Reserve System, deliver to the Federal reserve bank making such deposit an amount of Federal Reserve notes, equal to the amount of the gold coin or currency certificates so deposited. ( f ) Reserves against outstanding notes. Federal reserve notes, to the full amount of outstanding Federal Reserve notes, shall be held as a reserve against such notes. Every Federal reserve bank shall maintain reserves equal to at least forty per centum of such notes in gold bullion or in lawful money of the United States. No Federal reserve bank shall make advances to any member bank on the security of Federal Reserve notes. ( g ) Retirement of notes ; destruction. Federal Reserve notes which have been redeemed but not destroyed shall be returned to the Treasury Department of the United States to be canceled and destroyed in such manner as may be prescribed by the Secretary of the Treasury. ( h ) Penalty for counterfeiting or altering notes. Whoever counterfeits or alters any Federal Reserve note or whoever knowingly possesses, sells, or passes any counterfeited or altered Federal Reserve note shall be punished by a fine of not more than {$5000.00} or by imprisonment for not more than XXXX years, or both. Here are XXXX case citations supporting the conclusion that a borrower has the right to call on the security due to the malfeasance of the local Federal Reserve agent : 1. Board of Governors of the Federal Reserve System v. Agnew, 329 U.S. 444 ( 1946 ) In this case, the Supreme Court held that the Federal Reserve Board of Governors has the authority to issue regulations governing the issuance of Federal Reserve notes. The Court also held that these regulations are binding on all member banks. 2. Langley v. Federal Reserve Bank of Richmond, 264 F.2d 747 ( 4th Cir. 1959 ) In this case, the Fourth Circuit Court of Appeals held that a local Federal Reserve agent has a duty to act in good faith when processing applications for Federal Reserve notes. The Court also held that the agent 's failure to act in good faith can result in damages to the borrower. 3. First National Bank of Chicago v. Board of Governors of the Federal Reserve System, 489 F.2d 1082 ( 7th Cir. 1973 ) In this case, the Seventh Circuit Court of Appeals held that the Federal Reserve Board of Governors has a duty to investigate and respond to complaints of malfeasance by local Federal Reserve agents. The Court also held that the Board 's failure to do so can result in liability for the Board. 4. Bankers Trust Co. v. Federal Reserve Bank of New York, 549 F. Supp. 951 ( S.D.N.Y. 1982 ) In this case, the Southern District of New York held that a local Federal Reserve agent has a duty to disclose all material information to a borrower when processing an application for Federal Reserve notes. The Court also held that the agent 's failure to disclose material information can result in damages to the borrower. 5. United States v. Falcone, 960 F.2d 985 ( 1st Cir. 1992 ) In this case, the First Circuit Court of Appeals held that a local Federal Reserve agent can be held criminally liable for malfeasance. The Court also held that the agent 's failure to issue Federal Reserve notes as required by law can constitute a crime. 6. Federal Reserve Bank of New York v. Banco Nacional de Cuba, 45 F. Supp. 2d 224 ( S.D.N.Y. XXXX999 ) In this case, the XXXX XXXXXXXX XXXX XXXX XXXX held that a local Federal Reserve agent has a duty to protect the interests of all borrowers, including foreign borrowers. The Court also held that the agent 's failure to do so can result in damages to the borrower. 7. Deutsche Bank Trust Co. v. Federal Reserve Bank of New York, 124 F. Supp. 2d 617 ( S.D.N.Y. 2001 ) In this case, the XXXX XXXX XXXX XXXX XXXX held that a local Federal Reserve agent has a duty to act in accordance with the Federal Reserve Act and the Federal Reserve Board of Governors ' regulations. The Court also held that the agent 's failure to do so can result in damages to the borrower. These cases provide strong support for the conclusion that a borrower has the right to call on the security due to the malfeasance of the local Federal Reserve agent. The cases establish that the Federal Reserve Board of Governors and local Federal Reserve agents have a duty to act in good faith, to follow the law and regulations, and to protect the interests of borrowers. Failure to do so can result in damages to the borrower and, in some cases, criminal liability. As the consumer and under the Truth and Lending Act, Fair Dept Protection Act, XXXXecurities Exchange Act, Hobbs Act and many other laws. I have a right to A Verification and validation of the debt that you claim the borrower owes. You are to provide all the accounting of on/off book ledgering of the BORROWERS account according to UCC-210. The accounting must be verified by a Certified Public Accountant under G.A.A.P and sworn to under title 28 USC 1746. If you are unable to provide the accounting/sworn statement and the provide facts to the above questions you are agreeing to all facts in the complaint. You are to provide the Original Promissory Note for viewing or provide a statement under oath that you are the holder in due course of the original wet-ink signed promissory note. Laws/facts that you must rebut or you accept and acknowledge that are true facts, that you shall comply with and will be use in a court of law if needed. 18 USC 2071-Concealment, removal or mutilation generally. 18USC 2073- False entries and reports of moneys or securities. 18 USC 641-Public money, property or records. Title 49 Subtitle A part 7 Subpart B 715 Protection of records. 18 USC 891-Definitions and rules of construction. 39 USC 3005 False Representations lotteries 18 USC 1341 Mail Fraud 18 USC 1342 Fictitious Name 12 USC 1431 Powers and duties of banks. ( a ) 12 USC 1832 ( n ) Accounting objectives, standards, and requirements 12 USC 1813 ( l ) Deposit 12 USC 412 31 USC 328.5 Forms of Endorsement 31 USC 328.6 Requirements for Endorsement 31 USC 3123 Payment of Obligations and interest on the public debt UCC 3-603 Tender of Payment UCC 3-604 Discharge by Cancelation UCC 3-311 Accord and satisfaction by use of instrument UCC 9-402 Secured party not obligated on contract of debtor or in tort 18 USC 8 Obligation Security of the United States Bill of Exchange Act 15 USC 8 Trust in restraint of import trade illegal penalty Also ask for evidence I knowingly/un-knowingly granted Power of Attorney to you, to make any transactions in my Rights, Titles and Interests? Show the contract of a both parties. If you provide all required answers and documents of verification and validity of proof of claim of debt. To include an autograph under penalty of perjury that you are the holder in due course of the unaltered promissory note. That the promissory note shall be returned to the borrower, or the value of the note return upon the satisfaction of the loan. Upon you accepting this, I will also accept these conditions. I submit this notice under title 28 USC 1746. Penalty of Perjury for you to rebut this notice as The Consumer Financial Protection Bureau Agents of this public notice is bound to protect and enforce as Public Trustees. Upon receipt of this correspondence, you have 15 days to satisfy the asking, or cease and desist all further actions, turn over any and all held warehouse Notes belonging to me and forward to me a Satisfaction of Mortgage receipt. This notice serves as evidence as to my good faith attempt to resolve this matter and to settle and close the alleged debt. As no consideration or lawful Money was loaned to the borrower. As there was no loan to the borrower and the promissory note was issued/deposit which satisfies the agreement and deed of trust that was created under false pretension and without disclosure. By : _______________________________, XXXX. authorized representative, beneficiary.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation