Consumer complaint received 2023-08-16
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I sent XXXX XXXX dollar postal money order to Wells Fargo. On the face of each money order, I expressed the following : " I accept your offer in the amount of {$910.00} ( the other {$1000.00} ) for Value Consideration and Tender this payment for the complete amount and Accord in Satisfaction per UCC 3-603, UCC 3-111 upon redeeming this instrument. Without recourse/XXXX XXXX XXXX Wells Fargo redeemed the instrument but didn't discharge the debt for the complete amount. 

To whom it may concern : Enclosed is payment method sent ( i.e. : XXXX XXXX Money-Order, coupon, XXXX, etc. ) made out to XXXX XXXX to discharge the above referenced account for settlement and closure. 

The attached Negotiable Instrument was presented under the authority of House Joint Resolution 192, Public Law 73-10, UCC 3-104 ( c ), Spencer v. Sterling Bank , 63 Cal Ap. 4th 1055 ( 1998 ), Guaranty Trust Co. Of NY v. Henwood et al, 307 U.S. 247 ( FN3 ), the Within Negotiable Instruments, Vol. III ( including 2006 Supplement ) on the Undersigned 's UCC Contract Trust Account. " The entire taxing and monetary systems are hereby placed under the U.C.C. '' ( Uniform Commercial Code ) - The Federal Tax Lien Act of 1966. 

Please send receipt for discharge to the address above in care of my notary public/attesting witness within 3 days of deposit. 

As everyone should know, lawful money was removed from our economy by congress in 1933 by HJR 192 ( House Joint Resolution ) and replaced with negotiable instruments. These negotiable instruments are considered as legal tender on the same par and category as Federal Reserve notes. They represent a mortgage on all the homes and personal property of all the American people. This mortgage was placed without proper legal authorization by congress and the Supreme Court required that a remedy had to be given to the American people who were principals and sureties for the national debt. This remedy is to discharge debt for the people who demanded it. We the People were made private bankers according to the law with the authority to issue notes to discharge lawful debts. This must remain in effect until lawful money and the property is returned to, We the People without any encumbrances. 

HJR 192 : Now, there-fore be it. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That ( a ) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy ; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. 


LEGAL TENDER DEFINED Legal tender under the Uniform Commercial Code ( U.C.C. ), Section 1-201 ( 24 ) ( Official Comment ) ; The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. The test adopted is that of sanction of government, whether by authorization before issue or adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view that money is limited to legal tender is rejected. 

In light of the holding of Guaranty Trust Company vs. Henwood, 307 U.S. 247 ( 1939 ), a Federal US court of appeals ruled on Title 31 USC 5118. As of October 27, 1977, legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. Requirement of repayment of debt is against Public Policy, since legal tender was not loaned [ nor in circulation ] they can not demand payment in any [ particular ] form of coin or currency or legal tender and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument.

HJR-192, Public Law 73-10 and Title 31 USC 5118 prohibits Banks/creditors from demanding any specific specie of payment. All Banks must process lawful United States currency. Failure to do so is interference with commerce, a felony under the RICO ACT, 18 USC 1951. If you believe you have a lawful reason to Dishonor this negotiable instrument you must return it to the Agent above with lawful reason ( s ) fully stated and cited, sworn under your unlimited liability. Failure to provide lawful reason ( s ), or to misdirect this instrument, is grounds for a complaint to the FTC under the FDCPA ( Fair Debt Collection Practices Act ), 15 USC 1692a1. It is your duty to honor this instrument for payment, to know, abide by and operate under the law. 18 USC 8 applies. Commercial instruments are legal tender for the payment of debt in accordance with 31 USC 5118 and other statutes/code. Failure to process and credit the intended account will result in a request of the Postal Inspectors office [ to investigate and audit the accounts balance sheet? Optional ] and file IRS Form 3949A Information referral to the CID ( Criminal Investigation Division ) of the IRS. 

The XXXX ( Uniform Commercial Code ) defines a negotiable instrument as an unconditioned writing that promises or orders the payment of a fixed amount of money. To be considered negotiable an instrument must meet the requirements stated in Article 3. U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS 3-104. NEGOTIABLE INSTRUMENT. ( a ) '' negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money ( b ) " Instrument '' means a negotiable instrument.

FRN 's VALUELESS The Federal Reserve Bank in its booklet ; MODERN MONEY MECHANICS page 3, states ; In the United States neither paper currency nor deposits have as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries. The giving a ( federal reserve ) note does not constitute payment. See Echart v Commissioners C.C.A., 42 Fd2d 158. The use of a ( federal reserve ) 'Note ' is only a promise to pay. See Fidelity Savings v Grimes, 131 P2d 894. Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See Rains v State, 226 S.W. 189. That ( federal reserve ) 'Notes do not operate as payment in the absences of an agreement that they shall constitute payment. ' See Blachshear Mfg. Co. v Harrell, 2 S.E. 2d 766. Federal Reserve Notes are valueless. See IRS Codes Section 1.1001-1 ( 4657 ) C.C.H. ).

REJECTION Arizona, Commercial Code 3603/UCC 3-603 ; 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...

Failure to accept this Note for deposit and discharge of this debt is lawfully considered theft, fraud, conspiracy, collusion, racketeering, and denial of due process. I believe there is no evidence to the contrary. Otherwise, provide lawful proof of claim by presenting to me lawful document/s that show that you have the lawful authority to dishonor my Note. Failure to provide lawfully documented evidence that is certified lawful, true, and correct by notarized affidavit that is signed under penalties of the law including perjury will be default. Failure to honor this legal tender requires you to ; Surrender all public hazard bonds, corporate bonds, blanket bonds, insurance policies, CAFR funds, 401-k ( s ), 801k ( s ), retirement funds, personal wealth and properties, or any other source of revenue as needed to cure your dishonor in commerce and submit to the authorities for criminal prosecution.

Evidences of debt are not money and are not legal tender ( checks, credit cards, lines of credit, demand deposits, credit, letters of credit, and checkbook money ). Howard & Foster Co. v. Citizens National Bank of Union. 33 S.C. 202, 130 S.E. 758 Norton Grocery Co. v. Peoples Nat. Bank, 144 S.E. 501, 151 Va 195 Checks, drafts, money orders, and bank notes are not lawful money of the United States. State v. Neilon 73, Pac. 3211, 43 Ore. 168 A national bank can not lend its credit to another by becoming surety, endorser, or guarantor for him, such an act being ultra vires. Merchants Bank v. Baird 160 F. 642

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