Consumer complaint received 2021-05-25
Company: Experian Information Solutions Inc.
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
THIS COMPLAINT IS FOR ME. IT IS NOT A THIRD PARTY COMPLAINT. 

I have been trying to get XXXX and Experian to remove the erroneous information reported by XXXX dba XXXX XXXX  XXXX XXXX and XXXX Bank XXXX my credit report. The information reported by XXXX XXXX Bank and XXXX were positive but I also wanted these removed from my credit report because they also were not valid. 

I decided that the only logical thing I could do was learn the Fair Debt and Collection Practices Act ( FDCPA ) because of their continued refusal to remove the information. The FDCPA referenced other Federal Acts and Statues. Eventually and inadvertently I found out about numerous violations of state and federal laws. They include but are not limited to : The Real Estate Settlement Procedures Act, ( RESPA ), Fair Debt and Collection Practices Act, Secure and Fair Enforcement for Mortgage Licensing Act of XXXX ( SAFE Act, Dodd-Frank Act, Illinois Notary Public Act 5 ILCS 312/Art. I, The Sherman Act and other anti-trust laws, TITLE 86 : REVENUE CHAPTER I : DEPARTMENT OF REVENUE PART 120 REAL ESTATE TRANSFER TAX, etc. 

XXXX XXXX XXXX  XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, etc. filed Instruments ( Deeds, Mortgages, etc. ) that violated both state and federal laws with the XXXX County Recorder of Deeds. Numerous unknown employees of the XXXX County Recorder of Deeds accepted these void instruments for filing also in violation of law. 

I decided to check to see if the alleged mortgages were legal before, during and after the alleged mortgages were issued. Had the credit reporting agencies removed the information as they are legally required to do and if the Title was not clouded, I would have never found about the number violations committed by : XXXX XXXX XXXX XXXX, XXXX, XXXX/ dba XXXX XXXX XXXX XXXX , XXXX XXXX  , XXXX  XXXX XXXX  , XXXX XXXX, XXXX XXXX , XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX : XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX and others. 

XXXX of the most important things I learned was 5 ILCS 312/1-101 ) ( from Ch. 102, par. 201-101 ) Sec. 1-101, Illinois Notary Public Act particularly ( 5 ILCS 312/6-104 ) Which states as follows : ( h ) NO NOTARY PUBLIC SHALL BE AUTHORIZED TO PREPARE ANY LEGAL INSTRUMENT, OR FILL IN THE BLANKS OF AN INSTRUMENT, OTHER THAN A NOTARY CERTIFICATE ; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney. To check to see if the Legal Instrument such as a HUD-1 Settlement Statement was prepared by attorney go to the Illinois Attorney Registration and Disciplinary Commission ( ARDC ) website and type in the name of the Settlement/Closing/Escrow Agent listed on the HUD-1 form. Sometimes a name will not be listed in that case check to see if the person who signed on the line that states, Settlement Agent is an attorney. After doing this you will find that legal Instruments such as the Mortgage, Note, HUD-1, etc were filled out and signed by a Notary meaning the none of the alleged documents are legally binding and are void without legal effect. What I have learned if one document fraudulent other documents are fraudulent too.

FRAUDULENT MORTGAGE PROCEEDINGS At the time of this alleged mortgage closing allegedly took place Title Company, XXXX XXXX XXXX XXXX used a fraudulent form that : ( i ) that was not a valid HUD-1 Settlement Statement form, ( ii ) lacked an OMB Approval Number ( iii ) was not completed according to law ( iv ) is dated XX/XX/XXXX ( XXXX, XXXX XXXX ( in a tiny font ) ( v ) the pages are not numbered, etc. as EXHIBIT 4. This form was approximately 23 years old at the time the alleged XX/XX/XXXX mortgage was obtain. This would serve as a XXXX XXXX because no legitimate title company would use a 23-year-old form. 
It should be noted that the HUD-1 Settlement Statements all contain a footer that states, previous edition are obsolete as shown below : Even if ATG/XXXX XXXX XXXX form was valid and it was not even a second grader know that an obsolete form can not be used. 

It is common practice for people engaged in corrupt activities to use obsolete forms, therefore I checked the date. A check of the OMB website shows that between XXXX to XXXX that they were no 2502 HUD Settlement forms issued in XXXX. Form ( iii ) lacked page numbers, etc. I was not aware of the foregoing and following information for many reasons ( i ) I had an attorney. I recently found out that my attorney XXXX XXXX also works for ATG/XXXX XXXX XXXX as title agent, which is conflict of interest. He received money from me and from ATG. Attorneys that buyers and sellers have to have at closing are a waste of money. Most are affiliated of XXXX XXXX XXXX and get kickbacks. 

Further, because of the fraud committed by the Title Insurance Companies and the banks they are required by law to pay for the cost of the home and any other costs incurred. 

THE SETTLEMENT PROCESS Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan*. This process may also be called " closing '' or " escrow '' in different jurisdictions.

*Federally related mortgage loan means : ( 1 ) Any loan ( other than temporary financing, such as a construction loan ) : ( 2 ) Any installment sales contract, land contract, or contract for deed on otherwise qualifying residential property is a federally related mortgage loan if the contract is funded in whole or in part by proceeds of a loan made by any maker of mortgage loans specified in paragraphs ( 1 ) ( ii ) ( A ) through ( D ) of this definition.

1024.8 USE OF HUD-1 OR HUD-1A SETTLEMENT STATEMENTS HUD -- 1 or HUD -- 1A settlement statement ( also HUD -- 1 or HUD -- 1A ) means the statement that is prescribed in this part for setting forth settlement charges in connection with either the purchase or the refinancing ( or other subordinate lien transaction ) of 1- to 4-family residential property.

( a ) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower 's side of the HUD-1 statement.

THE SETTLEMENT PROCESS Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan. This process may also be called " closing '' or " escrow '' in different jurisdictions.

Settlement service means any service provided in connection with a prospective or actual settlement, including, but not limited to, any one or more of the following : ( 1 ) Origination of a federally related mortgage loan ( including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of such loans ) ; ( 2 ) Rendering of services by a mortgage broker ( including counseling, taking of applications, obtaining verifications and appraisals, and other loan processing and origination services, and communicating with the borrower and lender ) ; ( 3 ) Provision of any services related to the origination, processing or funding of a federally related mortgage loan ; ( 4 ) Provision of title services, including title searches, title examinations, abstract preparation, insurability determinations, and the issuance of title commitments and title insurance policies ; ( 5 ) Rendering of services by an attorney ; ( 6 ) Preparation of documents, including notarization, delivery, and recordation ; ...

( 9 ) Conducting of settlement by a settlement agent and any related services ; ( 10 ) Provision of services involving mortgage insurance ; ( 11 ) Provision of services involving hazard, flood, or other casualty insurance or homeowner 's warranties ; ...

( 13 ) Provision of services involving real property taxes or any other assessments or charges on the real property ; ( 14 ) Rendering of services by a real estate agent or real estate broker ; and ( 15 ) Provision of any other services for which a settlement service provider requires a borrower or seller to pay. 

BACKGROUND REAL ESTATE SETTLEMENT PROCEDURES ACT The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in XXXX and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617. The main objective was to protect homeowners by assisting them in becoming better educated while shopping for real estate services, and eliminating kickbacks and referral fees, which add unnecessary costs to settlement services. RESPA requires lenders and others involved in mortgage lending to provide borrowers with pertinent and timely disclosures regarding the nature and costs of a real estate settlement process. RESPA was also designed to prohibit potentially abusive practices such as kickbacks and referral fees, the practice of dual tracking, and imposes limitations on the use of escrow accounts. 

RESPA was created because various companies associated with the buying and selling of real estate, such as title insurance companies lenders, real estate agents, construction companies were often engaging in providing undisclosed kickbacks to each other, inflating the costs of real estate transactions and obscuring price competition by facilitating bait-and-switch tactics. 

RESPA outlines requirements that lenders must follow when providing mortgages that are secured by federally related mortgage loans. This includes home purchase loans, refinancing, lender approved assumptions, property improvement loans, equity lines of credit and reverse mortgages. 

Under RESPA, lending institutions must : Provide certain disclosures when applicable, including a Good-Faith Estimate of Settlement Costs ( GFE ), Special Information Booklet, HUD-1/1A settlement statement1 and Mortgage Servicing Disclosures.

Provide the ability to compare the GFE to the HUD-1/1a settlement statements at closing Follow established escrow accounting practices Not proceed with the foreclosure process when the borrower has submitted a complete application for loss mitigation options, and Not pay kickbacks or pay referral fees to settlement service providers ( e.g., appraisers, real estate brokers/agents and title companies ) Good-Faith Estimate of Settlement Costs For closed-end reverse mortgages, a lender or broker is required to provide the consumer with the standard Good Faith Estimate ( GFE ) form. 

A Good Faith Estimate of Settlement Costs is a three-page document that shows estimates for the costs that the borrower will likely incur at settlement and related loan information. It is designed to allow borrowers to shop for a mortgage loan by comparing settlement costs and loan terms. These costs include, but are not limited to : Origination charges Estimates for required services ( e.g., appraisals, credit report fees, flood certification ) Title insurance Per diem interest Escrow deposits, and Insurance premiums The bank or mortgage broker must provide the GFE no later than three business days after the lender or mortgage broker received an application, or information sufficient to complete and application.

A person may not give or receive a fee or anything of value for a referral of mortgage loan settlement business. This includes an agreement or understanding related to a federally related mortgage. Fees paid for mortgage-related services must be disclosed. Additionally, no person may give or receive any portion, split, or percentage of a fee for services connected with a federally related mortgage except for services actually performed.

Permissible Compensation, Fees, salaries, compensation, or other payments. ( 1 ) Section 8 of RESPA permits : ( i ) A payment to an attorney at law for services actually rendered ; ( ii ) A payment by a title company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance ; ( iii ) A payment by a lender to its duly appointed agent or contractor for services actually performed in the origination, processing, or funding of a loan ; ( iv ) ... 

In XX/XX/XXXX, Congress amended RESPA to cover subordinate lien loans. 
Congress, when it enacted the Economic Growth and Regulatory Paperwork Reduction Act of XXXX, it further amended RESPA to clarify certain definitions, including controlled business arrangement, which was changed to affiliated business arrangement. 


1024.8 USE OF HUD-1 OR HUD-1A SETTLEMENT STATEMENTS ( a ) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower 's side of the HUD-1 statement.

( b ) Charges to be stated. The settlement agent shall complete the HUD-1 or HUD-1A, in accordance with the instructions set forth in appendix A to this part. 

( 1 ) In general. The settlement agent shall state the actual charges paid by the borrower and seller on the HUD-1, or by the borrower on the HUD-1A. The settlement agent must separately itemize each third party charge paid by the borrower and seller. All origination services performed by or on behalf of the loan originator must be included in the loan originator 's own charge. Administrative and processing services related to title services must be included in the title underwriter 's or title agent 's own charge. The amount stated on the HUD-1 or HUD-1A for any itemized service can not exceed the amount actually received by the settlement service provider for that itemized service, unless the charge is an average charge in accordance with paragraph ( b ) ( 2 ) of this section ...

( ii ) The settlement service provider shall define the particular class of transactions for purposes of calculating the average charge as all transactions involving federally related mortgage loans for : ( A ) A period of time as determined by the settlement service provider, but not less than 30 calendar days and not more than 6 months ; ( B ) A geographic area as determined by the settlement service provider ; and ( C ) A type of loan as determined by the settlement service provider. 

( iii ) A settlement service provider may use an average charge in the same class of transactions for which the charge was calculated. If the settlement service provider uses the average charge for any transaction in the class, the settlement service provider must use the same average charge in every transaction within that class for which a GFE was provided.

( iv ) The use of an average charge is not permitted for any settlement service if the charge for the service is based on the loan amount or property value. For example, an average charge may not be used for transfer taxes, interest charges, reserves or escrow, or any type of insurance, including mortgage insurance, title insurance, or hazard insurance.

( c ) Violations of section 4 of RESPA ( 12 U.S.C. 2603 ). A violation of any of the requirements of this section will be deemed to be a violation of section 4 of RESPA. An inadvertent or technical error in completing the HUD-1 or HUD-1A shall not be deemed a violation of section 4 of RESPA if a revised HUD-1 or HUD-1A is provided in accordance with the requirements of this section within 30 calendar days after settlement.

VIOLATIONS OF SECTION 4 OF RESPA ( 12 U.S.C. 2603 ) A violation of any of the requirements of this section will be deemed to be a violation of section 4 of RESPA. 

In XXXX, HUD issued a RESPA Reform Rule ( 73 Fed. Reg. 68204, XX/XX/XXXX ) that included substantive and technical changes to the existing RESPA regulations and different implementation dates for various provisions. Substantive changes included a standard Good Faith Estimate ( GFE ) form and a revised HUD-1 Settlement Statement.

Technical changes, including streamlined mortgage servicing disclosure language, elimination of outdated escrow account provisions and a provision permitting an average charge to be listed on the GFE and HUD-1 Settlement Statement, took effect on XX/XX/XXXX. 

Key XXXX RESPA Reform Enhancements to the HUD- 1/1A Settlement Statement While the XXXX RESPA Reform Rule did not include any substantive changes to the first page of the HUD-1/1A form, there were changes to the second page of the form to facilitate comparison between the HUD-1/1A and the GFE. Each designated line on the second page of the revised HUD- 1/1A includes a reference to the relevant line from the GFE. 

With respect to disclosure of no cost loans where no cost refers only to the loan originators fees ( see Section L, subsection 800 of the HUD-1 form ), the amounts shown for the origination charge and the credit or charge for the interest rate chosen should offset, so that the adjusted origination charge is zero.

In the case of a no cost loan where no cost encompasses loan originator and third-party fees, all third-party fees must be itemized and listed in the borrowers column on the HUD- 1/1A. These itemized charges must be offset with a negative adjusted origination charge ( Line 803 ) and recorded in the columns. 

To further facilitate comparability between the forms, the revised HUD-1 includes a third page ( second page of the HUD-1A ) that allows borrowers to compare the loan terms and settlement charges listed on the GFE with the terms and charges listed on the closing statement. The first half of the third page includes a comparison chart that sets forth the settlement charges from the GFE and the settlement charges from the HUD-1 to allow the borrower to easily determine whether the settlement charges exceed the charges stated on the GFE. If any charges at settlement exceed the charges listed on the GFE by more than the permitted tolerances, the loan originator may cure the tolerance violation by reimbursing to the borrower the amount by which the tolerance was exceeded. A borrower will be deemed to have received timely reimbursement if the financial institution delivers or places the payment in the mail within 30 calendar days after settlement.

Inadvertent or technical errors on the settlement statement are not deemed to be a violation of Section 4 of RESPA if a revised HUD-1/1A is provided to the borrower within 30 calendar days after settlement.

The second half of the third page sets forth the loan terms for the loan received at settlement in a format that reflects the summary of loan terms on the first page of the GFE, but with additional loan related information that would be available at closing. 

Secure and Fair Enforcement for Mortgage Licensing Act The Secure and Fair Enforcement for Mortgage Licensing Act of XXXX ( SAFE Act ) was enacted on XX/XX/XXXX and mandates a nationwide licensing and registration system for residential mortgage loan originators ( MLOs ) The SAFE Act prohibits individuals from engaging in the business of a residential mortgage loan originator without first obtaining and maintaining annually : For individuals who are employees of covered financial institution, registration as a registered mortgage loan originator and a unique identifier ( federal registration ), or For all other individuals, a state license and registration as a state-licensed mortgage loan originator, and a unique identifier ( state licensing/registration ). 

The SAFE Act requires that federal registration and state licensing and registration be accomplished through the same online registration system, the Nationwide Mortgage Licensing System and Registry ( Registry ). 

The objectives of the SAFE Act include aggregating and improving the flow of information to and between regulators ; providing increased accountability and tracking of MLOs ; enhancing consumer protections ; supporting anti-fraud measures ; and providing consumers with easily accessible information at no charge regarding the employment history of and publicly adjudicated disciplinary and enforcement actions against MLOs. 

On XX/XX/XXXX, the OCC, Board, FDIC, OTS, NCUA, and FCA ( collectively the Agencies ) published substantively similar regulations implementing the SAFE Act federal registration requirements for the institutions they supervise and the institutions MLO employees ( SAFE Act regulation ). 

On XX/XX/XXXX, Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ) transferred rule-making authority for the SAFE Act from the Agencies to the Consumer Financial Protection Bureau ( CFPB ). 

On XX/XX/XXXX, the CFPB restated the implementing SAFE Act regulations to 12 CFR 1007 ( 76 Federal Register 78483 ), establishing a new Regulation G, SAFE Mortgage Licensing ActFederal Registration of Residential Mortgage Loan Originators.

These examination procedures lay out the background and requirements of the SAFE Act and the SAFE Act regulation concerning federal registration. 

Mortgage loan originator or MLO means an individual who ( 1 ) takes a residential mortgage loan application and ( 2 ) offers or negotiates terms of a residential mortgage loan for compensation or gain.

Registry means the Nationwide Mortgage Licensing System and Registry, or NMLS system, developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state- licensed MLOs, and through which federal MLO registrations must be accomplished.

Registered mortgage loan originator or registrant means any individual who ( 1 ) meets the MLO definition ; ( 2 ) is an employee of a covered financial institution ; ( 3 ) is registered pursuant to the regulation with the Registry ; and ( 4 ) maintains a unique identifier through the Registry.

Residential mortgage loan means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling ( as defined in Section 103 ( v ) of the Truth in Lending Act, 15 U.S.C. Section 1602 ( v ) ) or residential real estate upon which is constructed or intended to be constructed a dwelling ( including manufactured homes ) and includes refinancings, reverse mortgages, home equity lines of credit, and other first and additional lien loans. 

Unique identifier means a number or other identifier that : ( 1 ) permanently identifies a registered MLO ; ( 2 ) is assigned by protocols established by the Registry and the Bureau to facilitate electronic tracking of MLOs, as well as uniform identification of, and public access to, the employment history of and the publicly adjudicated disciplinary and enforcement actions against MLOs ; and ( 3 ) must not be used for purposes other than those set forth under the SAFE Act. ; TILA, GSE, and HUD Requirements Title XIV, Section 1402 of the Dodd-Frank Act amended the Truth in Lending Act ( TILA ) to require ( 1 ) MLOs to include on all loan documents any unique identifier of the MLO provided by the NMLS, and ( 2 ) the CFPB to issue implementing regulations requiring depository institutions to establish and maintain procedures reasonably designed to assure and monitor compliance with the SAFE Acts federal registration requirements. 

Illinois Notary Public Act ( Source : XXXX. XXXX ( 5 ILCS 312/Art. I heading ) ARTICLE I ) to promote, serve, and protect the public interest. 

XXXX XXXX and XXXX XXXX both work for Illinois Secretary of States Office XXXX XXXX XXXX is employed as the Chief Judge for the Illinois Court of Claims. XXXX XXXX is XXXX XXXX boss. ATG has donated hundreds of thousand dollars to his campaigns. XXXX has also been CEO of the XXXX XXXX XXXX, XXXX XXXX attends XXXX parties, etc. 

XXXX XXXX was elected as the XXXX County Recorder of Deeds in XXXX and XXXX. The foregoing is important because the Illinois Secretary of State is responsible of issuing notary licensees and disciplinary actions against. Needless, to say the notaries that work for most of these banks and title agencies are fully aware that, XXXX XXXX Attorney General XXXX XXXX and so many others work for the interest of the banks and XXXX XXXX XXXX. 

( 5 ILCS 312/1-104 ) ( from Ch. 102, par. 201-104 ) Sec. 1-104. Notary Public and Notarization Defined.

( a ) The terms " notary public '' and " notary '' are used interchangeably to mean any individual appointed and commissioned to perform notarial acts.

( b ) " Notarization '' means the performance of a notarial act.

( 5 ILCS 312/2-102 ) ( from Ch. 102, par. 202-102 ) Sec. 2-102. Application. Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State, stating : ( a ) the applicant 's official name, as it appears on his or her current driver 's license or state-issued identification card ; ( b ) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person 's principal place of work or principal place of business is located ; ( c ) the applicant 's residence address, as it appears on his or her current driver 's license or state-issued identification card ; ( c-5 ) the applicant 's business address if different than the applicant 's residence address, if performing notarial acts constitutes any portion of the applicant 's job duties ; ( 5 ILCS 312/3-102 ) ( from Ch. 102, par. 203-102 ) Sec. 3-102. Notarial Record ; Residential Real Property Transactions. ( a ) THIS SECTION SHALL APPLY TO EVERY NOTARIAL ACT IN ILLINOIS INVOLVING A DOCUMENT OF CONVEYANCE THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE TO RESIDENTIAL REAL PROPERTY LOCATED IN XXXX COUNTY ( b ) As used in this Section, the following terms shall have the meanings ascribed to them : ( 1 ) " Document of Conveyance '' shall mean a written instrument that transfers or purports to transfer title effecting a change in ownership to Residential Real Property.

( 3 ) " Notarial Record '' shall mean the written document created in conformity with this Section by a notary in connection with Documents of Conveyance.

SEE THE ATTACHED PDF 'S

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 non-monetary relief