Consumer complaint received 2018-03-06
Company: Brock & Scott, PLLC
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
BROCK & SCOTT PLLC VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of ILLEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. 
Illegal documents have been filed against me and my home, the property I own at XXXX XXXXXXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA XXXX XXXX XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX XXXX Georgia, being Lot XXXX XXXX XXXX of XXXX XXXX XXXX as per plat thereof recorded in XXXX XXXX XXXX page XXXX, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXXXXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX XXXX XXXX, and had no objections to Exempt From Sale and XXXX Court Order or Bankruptcy. 
XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX resulting in two court orders 1.Exempting the property from sale and XXXX and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. 
XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. 
DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX XXXX party who receives title to real property from the seller ( grantor ) XXXX XXXX   VOIDS security deed, assignment and deed under power. 
ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. 
O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX  NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on XXXX XXXX XXXX XXXX   XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. 

O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. 

XXXX XXXX XXXX XXXX suggested I report the crime to XXXX XXXX XXXX and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge.

Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. 
Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( 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 813 for failure to comply with a provision of this title.

( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact. 
What Is Theft by Conversion in Georgia? 
Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. 
What Is Considered Personal Property in Georgia? 
According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property. 
Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? 
No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. 
Is Theft by Conversion a Felony or Misdemeanor? 
The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. 
What Is the Punishment for Theft by Conversion? 
The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine.

Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.

O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of  residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.

O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.

O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.

( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING LINDSAYS OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. 
Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. 
O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.

O.C.G.A. 11-9-201. General effectiveness of security agreement.

( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.

O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. 
( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing. 

Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored XXXX XXXX  Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX and XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. 
NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX XXXX, the responsible attorneys I believe to be a XXXX XXXX and XXXX XXXX attorneys for the firm XXXX and XXXX. 
11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX XXXX XXXX Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.

O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.

( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.

12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.

13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.

14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.

15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.

Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.

( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..

( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. 
( d ) The entity these men claim to be representing, XXXX XXXX XXXX   XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. 
( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.

( h ) Uttering a Forged Instrument.

( i ) Accessory Before the Fact in Uttering a Forged Instrument.

( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.

Fraud.

( l ) Encumbering Property with Intent to Defraud.

( m ) Passing Forged Instruments.

( n ) Attempted Fraud.

( o ) Using the Mails to Defraud.

( p ) Securities Fraud.

( q ) Conspiracy to Defraud the Public.

( r ) Transporting Stolen Property.

( s ) Obtaining Money by False Pretenses.

( t ) Malicious Trespass.

Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.

O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.

( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.

( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.

( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.

( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.

( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.

( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.

( gg ) Forgery of Public Documents.

( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia . 
( kk ) State of Georgia conviction for forgery. Animashaun v. INS, XXXX XXXX XXXX XXXX XXXX Cir. XXXX XXXX XXXX XXXX Cir. XXXX ). The XXXX XXXX in XXXX XXXX XXXX, XXXX XXXX. Appx. XXXX XXXX XXXX Cir. XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a CIMT as the offense involved forgery and was fraudulent in nature.

( ll ) Attempting to Obstruct or Impede the Progress of Justice.

( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.

( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. 
( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. 
O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.

Lindsays lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX AND XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND XXXX COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX XXXX XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. 
Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.

2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.

4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.

5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.

6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.

7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.

8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.

9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.

10. Certifications must be based upon personal knowledge and

Company response to consumer: Closed with explanation