Consumer complaint received 2024-01-19
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: FHA 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:
XX/XX/XXXX CONDITIONAL ACCEPTANCE FOR VALUE AND COUNTER OFFER/CLAIM FOR PROOF OF CLAIM and TENDER OF PAYMENT OFFERING : Please understand that according to the terms of our agreement ( the agreement with the original lender Guaranty Trust Company ) , and youre presenting me with your- Wells Fargo new terms , I conditionally accept your offer under the following terms and conditions. You are to provide a complete accounting, signed under penalty of perjury attesting to the amount of expenditures and cost so that I may redeem my property. You must also provide proof of claim of the following : a. If there was an escrow account associated with the instant matter, please provide proof of the deposit into the account evidencing of the monies you claim was loaned respecting the instant matter, you are the custodian of record and should regularly have such information available upon request, as this is a formal challenge to the disputed debt and the claim brought forth? ( If you are not the custodian of record then you shall without delay forward this communiqu to the custodian of record and the timeframe for which the response is to be supplied to shall not adjusted under any circumstance ). 
b. United States Treasury Department held legal tender in the form Federal Reserve notes have no value, are not redeemable despite 12 USC 411, and receive no backing from anything, that this is been the case since 1933. Since the United States financial officer and expert on the currency of the United States has determined that Federal Reserve notes have no value, what species of currency was provided for the associated loan, for which you claim a debt is owed, payable and due? 
c. According to the statute governing Federal Reserve and their redeeming ability, it specifically holds that Federal Reserve are to be used for making advancement from member banks of the Federal Reserves system and for no other purpose are they authorized, the question again is, and with the currency that you supply the alleged loan? And in what species of currency is there available to my person to reimburse you for your alleged expense? 
d. If the original loan was completed via electronic transfer, what was the species of currency issued the original purchase? If required this loan by way of purchase acquisition, what species of currency was utilized in order to acquire the funds for the transfer and/or assignment associated with the aforementioned? 
e. Per the agreement my property is being traded on the market in one form or another, this is a separate stipulation any agreement, whereby I was to either dividend and or other compensation for allowing my property, which was only utilized as collateral for a loan, to be traded in exchange for valuable consideration. I do hereby bring forth my claim, that I have not received the benefit of such a transaction for which I am now harmed as a result of the misrepresentation, an alleged conspiracy to mislead my person by claiming that despite the monies my person respecting this particular transaction, there has not been offset, which is a violation of the federal FAIR DEBT COLLECTIONS PRACTICES ACT, AND THE FAIR CREDIT REPORTING ACT. Please note that for each violation of the aforementioned act, there is a associated thereto, who are receiving this presentment as a challenge to the alleged debt as a whole, for which you claim is owed, payable and due, despite the mortgage-backed security/REMIC, resulting in the securitization of my original contractual agreement. 

Please answer the following question individually, separate, specifically, with evidences as well as factual foundational conclusion of law, for as a result of our agreement you are duty-bound to respond under the principles of duty to respond, and any act ( XXXX ), and or action ( XXXX ), and or inaction ( XXXX ), and or associated conduct and or associated performance will be construed as assent to the terms of this agreement, which contains not only a commerce clause ( see : Clearfield doctrine XXXX, but an arbitration clause with specific provision, please read carefully : please provide proof of claim- f. That we are not currently under a national emergency whereby all banking business have been suspended similar to that indicated by presidential proclamation XXXX? 
g. That as a result of the current emergency, book entry credit is not an acceptable form of business transaction within the borders of the United States ? 
h. That you have not charged off this account and or that the account itself has never been charged off whereby an internal credit has been applied, bringing the account balance to zero, and then the creation of a new account where the previous unapplied credit remained outstanding ( in other words that there is an outstanding balance after the internal credit application )? 
i. That your attempt to seize and/or take my property is not a violation of my right to due process, right to property? And that : The Fifth Amendment does not command that property be not taken without making just compensation? That valid contracts are not property, whether the obligor be a private individual, a municipality, a State or the United States? 

j. That the Rights against the United States and or any other party arising out of a contract with it are protected by the Fifth Amendment? United States v. Central P. R. Co., 118 US 235, 238 ; United States v. Northern P. R. Co., 256 US 51, 64.

k. That when the United States and or any other party enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals?

l. That in Perry v. United States , 294 US 330, 352-353 ( 1935 ) it was held that : - When the United States, with constitutional authority, makes contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such instruments. There is no difference, said the Court in United States v. Bank of Metropolis, 15 Pet. 977, 392, except that the United States can not be sued without its consent. See, also, The Floyd Acceptances ( Pierce v. United States ) 7 Wall. 666, 675 ; Cooke v. United States, 91 US 389, 396. In Lynch v. United States, 292 US 571, 580, with respect to an attempted abrogation by the Act of March 20, 1933 ( 48 Stat. at L. 8, 11, chap. 3, U.S.C. title 38, section 701 ) contracts of the United States, the Court quoted with approval the statement in the Sinking Fund Cases, 99 US 70, supra, and said : " Punctilious fulfillment of contractual obligations is essential to the maintenance of the credit of public as well as private debtors. No doubt there was in March, 1933, great need of economy. ( This is in direct reference to the March 9, 1933 act and presidential proclamation 2039, where a NATIONAL ECONOMIC BANKING EMERGENCY was declared, facilitating the serious emergency that Congress has stated is still extant )?

m. In the administration of all government business economy had become urgent because of lessened revenues and the heavy obligations to be issued in the hope of relieving widespread distress. Congress was without power to reduce expenditures by abrogating contractual obligations of the United States. To abrogate contracts, in the attempt to lessen government expenditure, would be not the practice of economy, but an act of repudiation. '' And that any attempt on your part to invalidate this contract would amount to the same repudiation? 
n. That the United States treasury XXXX as authorized under the presidential proclamation 2039, has not declared legal tender to be valueless? Backed by nothing? [ - An official website of the United States Government- Legal Tender Status - Treasury Department -- - U.S. DEPARTMENT OF THE TREASURY XXXX : XXXX XX/XX/XXXX - The pertinent portion of law that applies is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled " Legal tender, '' which states : " United States coins and currency ( including Federal reserve notes and circulating notes of Federal reserve banks and national banks ) are legal tender... Federal Reserve notes are not redeemable in any commodity, and receive no backing by anything. This has been the case since 1933. The notes have no value for themselves. ] o. That The Federal Emergency Relief Act of 1933 AN ACT, was not to provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of 1933 Approved, May 12, 19XX/XX/XXXX ( Sec. 4. ( a ) )?

p. That " The ownership of all property is not in the state?

q. That " Under the new law government obligations, is not backed by the credit of the nation. Does it not represent a mortgage on all the homes, and other property of all the people of the nation. "? Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, March 9, 1933 on HR 1491 p. 83.

r. Now, if Federal Reserve notes according to the United States Congress represent a mortgage on all the homes, and other property of all the people of the nation. ", What was the original purchase for question for according to the United States, the new deal associated with the new law, was for a GOVERNMENT OBLIGATIONS, is this not so? ( Please note that these are legal questions, for which each person is deemed to know the law, and since your business is financial, in a catbird seat respecting the answer to the aforementioned question and the particulars associated thereto, you should have no issues in answering the questions as presented in the context in which they are presented ). 
s. That Obligations of the United States shall not be receivable for all public dues? That they shall not be redeemed at the Treasury Department of the United States or at any Federal Reserve bank? 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( Dec. 23, 1913, ch. 6, 16 ( par. ), 38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ), 48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ), 49 Stat. 704. )

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