Consumer complaint received 2023-11-29
Company: Specialized Loan Servicing Holdings LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage
Sub-issue: Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure

Complaint:
Specialized Loan Servicing has failed to provide their banking ledger as requested to validate the who is truly indebted to whom in this credit arrangement. There was a simple contract in place in which was canceled per the IRS publication any discharged or canceled debt can not be collected or acted upon. Specialized Loan Servicing has threaten to foreclose on my home for an alleged debt that they have not verified. Specialized Loan Servicing received my note which is a financial asset that has been used to gain profits with none of the proceeds benefiting me even with me being the registered owner of the securities. Because this note is backed by the full and faith in credit of the united states it is impossible for it to be defaulted therefore Specialized Loan Servicing has given me no value or consideration for this credit agreement they have only gained and now trying to illegal foreclose on my home with no proof of me being indebted besides a simple contract that has already been discharged dollar for dollar. If I am indebted to Specialized Loan Servicing I am requesting the book entry ledger NOT the contract. If you are unable to provide such records then no debt actually exist and this attempt to force performance is highly illegal. 

3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION.

Primary tabs ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 

( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. 

( c ) As used in this section, " signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record. 
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.

3-601. DISCHARGE AND EFFECT OF DISCHARGE.

Primary tabs ( a ) The obligation of a party to pay the instrument is discharged as stated in this Article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract. 

( b ) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

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