Consumer complaint received 2023-04-05
Company: Rocket Mortgage, LLC
State: SD
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
To Whom this may concern, It is not now, nor ever that I am refusing to pay a lawful obligation. 
On XX/XX/XXXX, I made an uninformed use of credit decision ( 15 USC 1601 a ) on a consumer credit transaction for XXXX, XXXX dollars with Quicken Loans now know as Rocket Mortgage. The alleged lender advertised that they would lend me their money to me. They never told me once about this being a consumer credit transaction ( 15 USC 1602 bb,1, A ). I was uniformed that I was the consumer and the original creditor when I was approved on the application for an extension of my credit ( 15 USC 1601, a / 15 USC 1602 bb,1, A, g ). I gave them my social security number ( Credit Card 15 USC 1602 i ). They used my credit card with no benefit to me 15 USC 1602 p unauthorized use. I was uniformed that credit means the right granted ( 15 USC 1602 g ). I was uniformed that loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required ( 15 USC 1602 g ). I was uniformed the person to whom the debt arising from the consumer credit transaction ( was me ) is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement ( 15 USC 1602 g ). I was uninformed that debt was an option. 
Since XXXX of XXXX I have disputed the debt in full and asked for original creditor information ( 12 CFR 1006.38, 1006.34, 15 USC 1692g ), trying to get these criminals to validate and verify the alleged debt with bona fide evidence of indebtedness over a dozen times including but not limited to XXXX, XXXX XXXX, XXXX, XXXX, and XX/XX/XXXX ( 15 USC 1692g, 12 CFR 1006.34 ). They have failed to send a single piece of paper to me that is signed let along validated, verified and they have continued abusive, discriminating, harassing, oppressive and threatening foreclosure with unfair debt collection practices ( 12 CFR 1006.14, 1006.18, 15 USC 1692 d, e, f ). Including reporting false misleading information to the credit reporting agencies without my written permission and with out any information or opt out being sent to me 15 USC 1681 b, a, 2. Without any respect for my privacy 15 USC 1681 4. Without a ( i ) clear and conspicuous disclosure, ( ii ) without the consumer has authorized in writing 15 USC 1681b, 2, i, ii.

The only piece of paper received that is signed is the stamp on the deceptive note that says Without Recourse Pay to the order of Quicken Loans, signed XXXX XXXX Capture Manager. This is evidence that the deceptive note was changed without my knowledge from a promise to pay to an order to pay, Draft or Check and they were paid at closing table in full. ( Ucc 3-104 ). 12 USC 1813 L clearly says that notes, certificates of indebtedness are money or its equivalent and is a deposit. UCC 9-102 ( 65 ) " Promissory note '' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. UCC 8-102, 9, Clearly says the the note and mortgage are a financial asset. UCC 8-102,1, clearly says I have the right to an adverse claim. The note can not be a promissory note, it must be a security! 
This is further evidenced by the deceptive Mortgage document, the alleged borrowers covenant clearly says the borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the property and that the Property is unencumbered, except encumbrances of records. After I allegedly signed the note and clearly says I was the mortgagor, grantor on this document, How deceptive! 15 USC 78c 10 clearly says the note is a security with a maturity of over 9 months. 31 USC 5312 clearly says I am a financial institution persons involved in real estate closings and settlements, an issuer, redeemer, or cashier of checks, money orders or similar instruments. NONE of these documents contain any of the words, terms and conditions in the truth and lending act 15 USC 1611, 12 CFR 1006.22.

They claim to have lent me their money or credit. Yet they refuse to produce proof besides the alleged agreement, so called promissory note. How hard could this be? I could validate loans I have made in 5 minutes. I have not been able to find any evidence that they can lend me their credit, I have attached evidence, case law that they can not lend me their credit. I can only find evidence that they do not lend their deposits. 
Principles of Money, Banking, and Financial Markets and Professor XXXX XXXX XXXX the Doctoral Program at the XXXX XXXX XXXX XXXX XXXX at New York University and a former Senior Staff member on the Presidents Council of Economic Advisors, and also served on the Board of Governors of the Federal Reserve System. The following paragraph is taken from their book, When a bank lends, the borrower does not ordinarily take the proceeds in hundred dollar bills ; he takes a brand new checking account. On the banks balance sheet, loans ( an asset ) and demand deposit deposits ( a liability both rises. A bank creates a demand deposit when it lends. In effect, since demand deposits are money, banks create money. 
PROFESSOR XXXX XXXX XXXX from the Federal Reserve Bank of New York. XXXX XXXX a author employed by the XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX explains a little farther than did XXXX and XXXX. XXXX states, when a bank makes a loan the bank receives a Promissory Note for an equal amount of the Loan from the borrower and deposits the Promissory Note into a banks asset account as a debit and to comply with the General Accepted Accounting Procedures established by the Federal Reserve where Assets must always equal to liabilities plus owner equity. 
The 88th united states congress, primer on money addressed the issue of lending XXXX XXXX dollars to a neighbor and you had a beginning balance of {$1000.00}. Which when the deduction occurs the ending balance is only XXXX XXXX dollars. But unfortunately the Bank when making a XXXX XXXX loan the banks assets and liabilities are not decreased but increased. The banks assets of {$1000.00}. Now becomes {$1500.00}. After making the loan and the demand deposits balance now becomes {$1500.00}. The formula established by the Federal Reserve is Assets=Demand Deposits plus owners equity this account is in perfect balance. 
XXXX XXXX and XXXX XXXX in their Economics book entitled XXXX XXXX XXXX XXXX XXXX out of 18 editions and first used in colleges and University in XXXX and was still being used in XXXX. On page XXXX, XXXX states, Most people suppose that a bank lends the deposits of its customer, In fact, however, no bank ever lends its deposits. The logical question should be then what do banks lend. 
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES Banks are required to adhere to Generally Accepted Accounting Principles ( GAAP ). GAAP follows an accounting convention that lies at the heart of the double-entry bookkeeping system called the Matching Principle. This principle works as follows : When a bank accepts bullion, coin, currency, checks, drafts, promissory notes, or any other similar instruments ( hereinafter instruments ) from customers and deposits or records the instruments as assets, it must record offsetting liabilities that match the assets that it accepted from customers. The liabilities represent the amounts that the bank owes the customers, funds accepted from customers. In a fractional reserve banking system like the United States banking system, most of the funds advanced to borrowers ( assets of the banks ) are created by the banks themselves and are not merely transferred from one set of depositors to another set of borrowers. 
The publication, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Federal Reserve Bank of Chicago ( rev. ed. XX/XX/XXXX ), contains standard bookkeeping entries demonstrating that money ordinarily is recorded as a bank asset, while a bank liability is evidence of money that a bank owes. The bookkeeping entries tend to prove that banks accept cash, checks, drafts, and promissory notes/credit agreements ( assets ) as money deposited to create credit or checkbook money that are bank liabilities, which shows that, absent any right of setoff, banks owe money to persons who deposit money.. Cash ( money of exchange ) is money, and credit or promissory notes ( money of account ) become money when banks deposit promissory notes with the intent of treating them like deposits of cash. See, 12 U.S.C. Section 1813 ( l ) ( 1 ) ( definition of deposit under Federal Deposit Insurance Act ). The lender acts in the capacity of a lending or banking institution, and the newly issued credit or money is similar or equivalent to a promissory note, which may be treated as a deposit of money when received by the lending bank.. Federal Reserve Bank of XXXX publication XXXX XXXX XXXX, page 11, explains that when banks grant loans, they create new money. The new money is created because a new loan becomes a deposit, just like a paycheck does. XXXX XXXX XXXX, page 6, says, What they [ banks ] do when they make loans is to accept promissory notes in exchange for credits to the borrowers transaction accounts. The next sentence on the same page explains that the banks assets and liabilities increase by the amount of the loans. 
According to the Federal Reserve Bank of New York, money is anything that has value that banks and people accept as money ; money does not have to be issued by the government. For example, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX 9, Federal Reserve Bank of New York ( 4th ed. XXXX ), explains that banks create new money by depositing IOUs, promissory notes, offset by bank liabilities called checking account balances. Page 5 says, Money doesnt have to be intrinsically valuable, be issued by government, or be in any special form.... 
Credit as money are in XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). A synthesis of these sources, as applied to the facts of the present case, is as follows : As commercial banks and discount houses ( private bankers ) became established in parts of XXXX ( especially XXXX XXXX ) and XXXX XXXX, by the mid-nineteenth century they commonly made loans to borrowers by extending their own credit to the borrowers or, at the borrowers direction, to third parties. The typical form of such extensions of credit was drafts or bills of exchange drawn upon themselves ( claims on the credit of the drawees ) instead of disbursements of bullion, coin, or other forms of money. In transactions with third parties, these drafts and bills came to serve most of the ordinary functions of money. The third parties had to determine for themselves whether such credit money had value and, if so, how much. 
Good Faith Disclosure after being noticed so many times could have settled this matter. Produce both sides of the accounting ledgers, Credits and debits, left and right sides. Produce the IRS forms 1099 OIDs, 1096, 8300 will identify who the payor and the recipient of the funds or cash proceeds were under SFAS ( Statement of Financial Accounting Standards ) 95 and IAS ( International Financial Standards ) 7.6 containing the inflows and outflows of cash and cash equivalents on the balance sheet FR 2046 ,2049 form securities of the off balance sheet receivables and payables which identifies both who the source or principles in which the the funds were derived from.

15 USC 1605 ( a ) Finance charge defined ; Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge did not include all the charges. I have been deceptively forced to pay payments, interest, private mortgage insurance, homeowners Insurance, default mortgage insurance, taxes and upkeep on the property at my expense not included in the finance charge to protect the criminal alleged lender XXXX amounts to XXXX. I have been deceptively forced to pay these criminals in a comparable cash transaction for years. I have asked for the default mortgage insurance plan and proof the insurance company denied their claim. They have ignored all of my requests. They have been paid.

I am uniformed without knowledge and understanding of the terms and conditions and how they got a security interest in my property without a red penny of valuable consideration and no evidence of indebtedness, by agreement ( 15 USC 1602 g ). I was uninformed that debt was an option.. I have asked several times only to be ignored. 15 USC 1611 Criminal liability for willful and knowing violation, 15 USC 1692j Furnishing certain deceptive forms, 12 CFR 1006.22, 18 USC 241,242, 42USC 1983,1985,1986.

I have never received any forms for my right to rescission 15 USC 1635 a. I was never informed of my right to rescission let along having it clearly and conspicuously disclosed to me 15 USC 1635 a. 15 USC 1635 i, clearly says I have the right to rescission in foreclosure, let along all the deception and of the violations of law committed. Please send me the forms. 12 CFR 226.23, 226.15.

16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. I was uniformed about nor can I find this notice any where on the alleged agreement. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

The Mortgage document contains a confessed judgement, denies my right to a homestead exemption 16 CFR 444.2 Unfair credit practices. 16 CFR 444.1 ( g ) Debt. Money that is due or alleged to be due from one to another. Or ; is defined in XXXX law dictionary as optional, a choice. 16 CFR 444.2 ( 3 ) Constitutes or contains an assignment of wages or other earnings. The alleged agreement contains or constitutes me to pay several insurance policies to protect the lender paid with my wages and earnings. 16 CFR 444.2 ( 4 ) Constitutes or contains a nonpossessory security interest in household goods other than a purchase money security interest. 
According to these state laws our shelter is considered essential to life, Basic Necessities, Household goods and we should be protected under the law equaly.

Florida Title 12 RSA 12D-7.002 - Exemption of Household Goods and Personal Effects Section RSA 196.181, F.S. Creature comfort 's are things which give bodily comfort, such as food, clothing and shelter.

Alaska Title 6 Part 2A Chapter 40 6AAC 40.050 essential to the maintenance of life, health, or safety ; such aid, goods, or services including food, water, shelter, heat, emergency medical services, and police and fire protection. 
Maine Chapter XXXX XXXX XXXX  ch.XXXX, Section II DEFINITIONS Basic Necessities Food, clothing, shelter, fuel, electricity, non-elective medical services.

I never received the required disclosures in 15 USC 1539 ( a ) Disclosures ( 1 ) Specific disclosures ( A ) You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application..

( B ) If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan..

We never received the required notice in 16 CFR 444.3 Notice to Cosigner You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. 
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.

The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.

This notice is not the contract that makes you liable for the debt.

15 USC 1539 ( n ) Consequence of failure to comply Any mortgage that contains a provision prohibited by this section shall be deemed a failure to deliver the material disclosures required under this subchapter, for the purpose of section 1635 of this title.

ALL PUBLIC ACCOUNTS are PREPAID, certificates of indebtedness are obligations of the United States. 
Senate Document No. 43, 73rd Congress The ownership of all property is in the State. Individual, so-called ownership is only by the virtue of the government, i.e. law, amounting to mere user, and use must be in accordance with law, and sub-ordinate to the necessities of the state.

Congressional record, XX/XX/XXXX on HR 1491, p.83 Under the new law, the money is issued to the banks in return for government obligations, bills-of-exchange, drafts, notes, trade acceptances, and bankers acceptances, The money will be worth XXXX cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of the people of the nation. 
Title 18 sec. 8. - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United states notes, treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drags for money, drawn by of upon authorized officers of the United states, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United states stamps. 
31 U.S. Code 3113 - Accepting gifts a ) To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt ( 1 ) the Secretary of the Treasury may accept for the Government a gift of ( A ) money made only on the condition that it be used to reduce the public debt ; ( B ) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued ; and ( e ) ( 1 ) The Secretary shall redeem a direct obligation of the Government bearing interest or sold on a discount basis on receiving it when the obligation ( A ) is given to the Government ; FRNs are obligation of UNITED STATES : Pubic Law 73-10, HJR 192 of 1933 : The term obligation means Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations. Title 31 sec. 3123 makes a statutory pledge of the United States government to payment of obligation and interest on the public debt. 
Title 31 sec. 3123. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the obligations of the government issued under this chapter.

( b ) The Secretary of the Treasury shall pay interest due of accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without rebate of interest on the coupons. Therefore, the government pledges to pay government obligations which Federal Reserve Notes are, and pay them with FRNs, which is legal tender. Taxes and all bills associated with corporations are all government obligations which they must pay when we accept them for value and rent them to the government that has an obligation to settle the debt, dollar for dollar. It is a fact : Title 31 sec. 3130 further delineates in its definitions a portion of the total public debt, which is held by the public as the Net public debt, sec. 3130. Annual Public Debt Report ( a ) General Rule.- On or before XX/XX/XXXX of each calendar year after XXXX. The Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the Hours of Representatives and the Committee on Finance of the Senate on- ( XXXX ) the treasurys public debt activities, and ( XXXX ) the operations of the XXXX XXXX XXXX . 
For whatever reason we can associate with their actions and reasons they did so, The People may benefit. The People are the prime creditors and the beneficiaries, the government are trustees ; Trustees pay debts, beneficiaries do not. Thus, government obligations are not taxable. These obligations of UNITED STATES under Title 31 sec. 3124. Exemption from taxation : ( a ) Stock and obligations of the United States Government are exempt form ration by a State of political subdivision of a State. The exemption applies to each form of taxation that would require the obligation the interest on the obligation, or both, to be considered in computing a tax, except- ( XXXX ) a nondiscriminatory franchise tax of another non-property tax instead of a franchise tax, imposed on a corporation; and ( XXXX ) an estate of inheritance tax.

( b ) The tax status of interest on obligations dividends, earnings, or other income from evidences of ownership issue by the Government of an agency and the tax treatment of chain and loss from the disposition of those obligations and evidences of ownership is denied under the Internal Revenue code of 1986 ( 26 U.S.C. 1 et seq. ). An obligation that the Federal Housing Administration had agreed, under a contract made before XX/XX/XXXX. XXXX, to issue a future date, had the tax exemption privileges provided by the authorizing law 4th the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, of a department, agency, instrumentality, or political subdivision of the District, territory or possession.

12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX , District of Columbia, or at any Federal Reserve bank. 
The Constitution does not give we, the people right. It forbids the government to ignore the God given Rights of the people, as seen in the 9th Amendment : The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. In addition, the 10th Amendment : The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people. There is no law to discourage the people from creating credit instruments. In fact, the the 14th Amendment, sec. 4, we need to. We must Accept for Value, the debt instruments/legal tender of the United States . As long as the debt exists, the Democracy exists. The Republican Form of Government, The United States of America, can only come back when the debt is gone. Since Federal Reserve Notes ( FRNs ) as legal tender are debt notes, an insufficient number exist, for their repayment in kind, will not cover the interest owed. Using FRNs to pay debts only increases the governments obligations on debt by their creation. 
As it is a fact that all property in the United States are result of the XX/XX/XXXX act is under the ownership of the United States, and/or it's designee, that the currency is underwritten by US Treasury notes , bills and/or obligations, it is impossible for the people to be held liable for government obligations. You can not pay a debt with a debt. No man can be forced to do the impossible. 
The unconstitutionality of said act is expressed in Congress own words : a. Since XX/XX/XXXX, the United States has been in a shed of declared national emergency. These proclamations give force to 470 provisions of federal law. These hundreds of statues delegated to the President extraordinary power exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule this country without reference to normal constitutional processes. Senant report 93-549 XX/XX/XXXX. 
We are contracting a private investigator to do a thorough forensic security audit. This will prove the securities fraud and that they have been trading these securities on the stock market. They have been paid several times in full.

Notice to cease and desist, Notice to stop calling our private phones Notice of Identity Theft Though hundreds of hours of research, we have recently become aware of the fact that our legal name affixed to its birth certificate is evidence of a state agency, organization or partnership organized by the state. Being aware that the name does not serve to recognize the one who is
using it. We have resigned from this agency through the secretary of state. We have sent, filed several notices to the state and federal principle owners, trustees of this name of the identity theft, lack of fiduciary duties, Ect. We have sent several notices to the alleged lender only to be ignored.

Company response to consumer: Closed with explanation