Consumer complaint received 2023-12-06
Company: Specialized Loan Servicing Holdings LLC
State: MO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage
Sub-issue: Closing disclosure or other related disclosures

Complaint:
here is an LLC called Specialized loan servicing LLC they tried to do what is like a corporate quick claim deed, assignment of deed of trust on my county record, labeling me dead, incarcerated, or incompetent, and then tried to foreclose on my house, not having any proof or the original note, all they have is an {$11.00} document that anyone can get from my county, not even a sealed copy at that. They are a fifth party. They shouldnt have my information and they have went so far as to try and sell my property on the courthouse Steps I paid over {$13000.00} so far Ive notified them of the wrongdoing. Their employees literally told me to sue them Ive got police reports. Ive got correspondence back-and-forth. I have affidavit, qualified Written request cease-and-desist orders, and a good faith discovery. and a report into FBI. 

They cant produce any proof to their claim as a servicer or a mortgage, debt collection company. I ask who's debt? There or mine? they can prove that either. They can not prove to me that they have my original note nor can they provide it to me. They say its vaulted location I offered to drive to location just to see it then they told me. they dont have access to it at ( XXXX XXXX ), well if its at XXXX XXXX ), they do not have it and cant get it so they should be unable to charge me for it especially if they dont have access to it if they dont have access to it means. its I paid it off tomorrow they cant do anything to actually give my note back that being said, I can pay it off tomorrow because I was the secured party on my own loan. I am the originator and these people dont care how many laws they break, whether it be city state, federal, US code or UCC . 

Ive also found the man that commit the crime on the county record XXXX XXXX XXXX XXXX he is The man that committed the crime they even had to hire a company that they labeled his trustee called XXXX XXXX in my state of Missouri in order to try and sell my property out from underneath of me I have my deed clear of all liens and levies. I have a police report and I can give you every email correspondence that Ive sent them and copies of the letters Ive sent in. They have committed fraud, extortion, defamation of character and robbery. And I have proven to them that I am the secured party creditor on my loan It was meant to be a credit builder. For job purposes, nothing more. That being said, they refuse to follow laws, including the truth, and lending act and regulation, Z. They are ignorant of the laws And are still charging me money by holding my house for ransom again extortion. ( ignorance of the law is no excuse seems to apply here ) Again On a note that they cant prove they have access to. they have an electronic copy that anybody can get from my county record. Ive told them that if they can prove to me that they have my originating documents or access to them that I would be completely content with paying but they can not do so and I know they can not do so that being said, if all their records are electronic, they have no standing with any customer unless theyve signed with them. 

its also fraud to entrap somebody and something you have no grounds and charging let alone trying to take their property meaning every foreclosure theyve ever done has been fraudulent, unless they were the originator. it has also been inactive on mers system for XXXX years as to be sold to XXXX XXXX XXXX  ( witch has sense been bought out XXXX times and they never actually acquired it from XXXX XXXX XXXX XXXX  involved with first transaction who sold my info to a third party illegally. 
18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. 
( 1 ) In general. 
Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 
( 2 ) Terrorism offense. 
Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.

( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the acquisition of a firearm ) ; ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; ( 5 ) any provision contained in chapter 63 ( relating to mail, bank, and wire fraud ) ; ( 6 ) any provision contained in chapter 69 ( relating to nationality and citizenship ) ; ( 7 ) any provision contained in chapter 75 ( relating to passports and visas ) ; ( 8 ) section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) ( relating to obtaining customer information by false pretenses ) ; ( 9 ) section 243 or 266 of the Immigration and Nationality Act ( 8 U.S.C. 1253 and 1306 ) ( relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card ) ; ( 10 ) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) ( relating to various immigration offenses ); or ( 11 ) section 208, 811, 1107 ( b ), 1128B ( a ), or 1632 of the Social Security Act ( 42 U.S.C. 408, 1011, 1307 ( b ), 1320a7b ( a ), and 1383a ) ( relating to false statements relating to programs under the Act ).

( Added Pub. L. 108275, 2 ( a ), July 15, 2004, 118 Stat. 831. ) 3-603. TENDER OF PAYMENT.

Primary tabs ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

3-602. PAYMENT. up 3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION.

creditor ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.

31 U.S. Code 3123 ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter.

( b ) The Secretary of the Treasury shall pay interest due or accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons.

( c ) ( 1 ) The Secretary may issue a bond, note, or certificate of indebtedness authorized under this chapter whose principal and interest are payable in a foreign currency stated in the bond, note, or certificate. The Secretary may dispose of the bonds, notes, and certificates at a price that is at least par value without complying with section 3102 ( b ) ( d ) of this title.

( 2 ) In determining the dollar amount of bonds, notes, and certificates of indebtedness that may be issued under this chapter, the dollar equivalent of the amount of bonds, notes, and certificates payable in a foreign currency is determined by the par of the exchange value on the date of issue of the bonds, notes, or certificates as published by the Secretary under section 5151 of this title.

( 3 ) The Secretary may designate depositaries in foreign countries in which any part of the proceeds of bonds, notes, or certificates of indebtedness payable in the foreign currency may be deposited.

( Pub. L. 97258, Sept. 13, 1982, 96 Stat. 945. ) 18us code 657 Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a XXXX XXXX XXXX, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of 1994, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or willfully misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise intrusted to its care, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both.

( June 25, 1948, ch. 645, 62 Stat. 729 ; May 24, 1949, ch. 139, 11, 63 Stat. 90 ; July 28, 1956, ch. 773, 1, 70 Stat. 714 ; Pub. L. 85699, title VII, 703, Aug. 21, 1958, 72 Stat. 698 ; Pub. L. 87353, 3 ( q ), Oct. 4, 1961, 75 Stat. 774 ; Pub. L. 9019, 24 ( a ), May 25, 1967, 81 Stat. 27 ; Pub. L. 91468, 4, Oct. 19, 1970, 84 Stat. 1016 ; Pub. L. 10173, title IX, 961 ( c ), 962 ( a ) ( 7 ), ( 8 ) ( A ), Aug. 9, 1989, 103 Stat. 499, 502 ; Pub. L. 101624, title XXIII, 2303 ( e ), Nov. 28, 1990, 104 Stat. 3981 ; Pub. L. 101647, title XVI, 1603, title XXV, 2504 ( c ), 2595 ( a ) ( 2 ), Nov. 29, 1990, 104 Stat. 4843, 4861, 4907 ; Pub. L. 103322, title XXXIII, 330004 ( 6 ), 330016 ( 1 ) ( H ), Sept. 13, 1994, 108 Stat. 2141, 2147 ; Pub. L. 103325, title I, 119 ( c ), Sept. 23, 1994, 108 Stat. 2188 ; Pub. L. 104294, title VI, 606 ( a ), Oct. 11, 1996, 110 Stat. 3511 ; Pub. L. 10678, title VII, 767, Oct. 22, 1999, 113 Stat. 1174 ; Pub. L. 110289, div. A, title II, 1216 ( c ), July 30, 2008, 122 Stat. 2792 ; Pub. L. 111203, title III, 377 ( 2 ), July 21, 2010, 124 Stat. 1569. ) 18us code 656 Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both.

As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks ; insured bank includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act.

( June 25, 1948, ch. 645, 62 Stat. 729 ; Pub. L. 10173, title IX, 961 ( b ), Aug. 9, 1989, 103 Stat. 499 ; Pub. L. 101647, title XXV, 2504 ( b ), 2595 ( a ) ( 1 ), 2597 ( f ), Nov. 29, 1990, 104 Stat. 4861, 4906, 4909 ; Pub. L. 103322, title XXXIII, 330016 ( 1 ) ( H ), Sept. 13, 1994, 108 Stat. 2147 ; Pub. L. 104294, title VI, 601 ( f ) ( 1 ), 606 ( a ), Oct. 11, 1996, 110 Stat. 3499, 3511. ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 
( Pub. L. 90321, title VIII, 812, as added Pub. L. 95109, Sept. 20, 1977, 91 Stat. 880. ) without prejudice and under duress XXXX XXXX XXXX XXXX

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