Consumer complaint received 2019-06-08
Company: EQUIFAX, INC.
State: NV
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Credit inquiries on your report that you don't recognize

Complaint:
XXXX XXXX and XXXX XXXX appears on my credit report as of XX/XX/XXXX. Whereas i never had done any business with either party concerning my property home and land. I have sent this information thereto all parties multiple times. XXXX has reported me late on three occasions but can not provide verification and validation proof of a contract between myself and them. In fact i have shown that this property was paid in full by way of my infant trust account. Rather credit agencies have ignored this fact. POINTS OF AUTHORITIES - The Plaintiff herein i, woman, XXXX XXXX XXXX had presented XXXX a payment in full as she has done in the beginning of the initial purchase of her property and home on XX/XX/XXXX. Whereas the law states that " The ownership of all property is in the state by virtue of the government " Under thenew law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation.It will 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, XX/XX/XXXX on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federalreserve banksand for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any FederalReserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption - ( XXXX XXXX, XXXX, ch. 6,  16 ( par. ) ,38 Stat. 265 ; XXXX XXXX, XXXX, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; XXXX XXXX, XXXX, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) INTENTIONS : The above United States government obligations is hereby accepted and acknowledged and I do assign and pledge the total value of the obligation to the United States of America through the United States Department of the Treasury to be redeemed for value and receivable at the Federal Reserve, the Federal Reserve Bank, and/or any member bank and/or national Association as prescribed by statute ( the act of XX/XX/XXXX ; the act of XX/XX/XXXX ; 12 USC 411 ; 18 USC 8 ; and the intentions of the United States Congress concerning THE CURRENT SERIOUS NATIONAL EMERGENCY ). When XXXX purchased the home she required proof that the funds would be wired and or a check would need to be signed if she was receiving a loan from a bank. No bank was present during the alleged lending process made up by XXXX. It is stated that United States coins and currency ( including Federal reserve notes and circulating notes of Federal reserve banks and national banks ) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts. Rather XXXX failed to state this in their letter what type of currency they would be willing to accept, they where just bent and focused upon not receiving the Tender Of Payment from XXXX XXXX XXXX which is discrimination because the law and or act of XXXX states that this currency is accepted for all property. Plaintiff XXXX XXXX XXXX presented the type of payment thereto XXXX rather they declined the payment. Based upon law whereas XXXX claims that there is no case law [ purgingthemselves ] that supports the Tender Of Payment Currency. Please see below the case laws for types of Currency used for paying for property be it judicial or non judicial Mortgage or Deed Of Trust. In the United States, a mortgage note ( also known as a real estate lien note, borrower 's note ) is a promissory note secured by a specified mortgage loan. Mortgage notes are a written promise to repay a specified sum of money plus interest at a specified rate and length of time to fulfill the promise. It's the promissory note that contains the promise to repay the amount borrowed. ( Learn more about promissory notes. ) While a promissory note is basically an IOU that contains the promise to repay the loan, the mortgage or deed of trust is the document that pledges the property as security for the loan. 3-603. TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. NOTICE : XXXX nor other Defendants never made mention thereto what currency they where speaking of be it fiat Federal Reserve Notes etc, .. They the Defendants only hinted toward types of formats of payments such as Check Money Order but that is non descriptive and misleading in explanation without clarity and definition. Thus being fraud. XXXX failed to provide law [ s ] that exempts them from not receiving the Tender of Payment. Whereas the law says that if the Tender Of Payment is not accepted and a letter declining the payment stating denial this makes that debt discharged by law as presented multiple times to XXXX and XXXX XXXX Please see Defendant ( s ), XXXX, the alleged servicer to and XXXX XXXX unknown participants, whom alleges to have servicing rights from MERS whom have no employees nor an office location physically. As well no known addresses and corporate employees not even a secretary whom have been alleged to be the originator of loan made up fraudulent loan attempt, also the Nominee and beneficiary, XXXX XXXX also known as the alleged Trustee on behalf of MERS unknown in relationship as to Trustee, XXXX XXXX made attempts to send notices via regular mail during the time of XX/XX/XXXX, whereas they threatened to foreclose and sale without verification and or validation and no contract between XXXX XXXX XXXX and said corporations and or banks including MERS. Defendants entered into this matter related to a trust in the capacity that is unsustainable, and thus is perceived as standing in its unadulterated non-immune capacity and is liable for all damages incurred, assessments as well as penalties. On its face it appears that the Respondents intent and purpose, was to take up the election to treat the within reference complaint as a dream, rather than a promise to pay. A complaint is a promise to pay, and a draft is an order to pay, and the person holding the instrument can treat it as either. The court converted the coolant to a draft [ a nom of currency conversion ]. There might be cause for one to raise and/or complaint that they lack understanding, so can the research department contact their legal department and have them respond? Rather the Research Dept makes it oh so confusing as to who is really speaking on the behalf of XXXX and or XXXX XXXX. PROOF OF PAYMENT FROM CREDITED ACCOUNT : - The Plaintiff XXXX XXXX XXXX has presented proof that the funds were drawn from her infant trust account due to her private account number [ Social Security Number ] credited account number was used to purchase the property and PennyMac or the Defendants failed to dispute this fact. When there is no check to provide payment or a wire confirmation of payment according to the Nevada law i.e. GOOD FUNDS : Which was made effective XX/XX/XXXX, whereas the State Of Nevada enacted the Good Funds legislation [ XXXX ] The law states that for escrow to close on the same day of closing the transaction with the Title company funds would be Tendered in office by interbank electronic wire transfer during the same day. Well this contradicts XXXX and their proof of alleged loan because the wire transaction or check was not produced by the end of day business in fact there wasn't any transaction or loan check created by XXXX because they where not present. Nor was XXXX involved in the beginning of the purchase of the Plaintiffs XXXX XXXX XXXX. More over XXXX appeared on XXXX XXXX XXXX credit in XXXX of XXXX not on the day of closing which was XX/XX/XXXX. There was and is no proof of a loan from XXXX XXXX XXXX nor XXXX XXXX XXXX. The only information for wire came from XXXX XXXX XXXX the infant trust. The wire transfer came from a Federal Reserve Bank located at XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, TX [ XXXX ] whereas the Plaintiffs account is held. No record of XXXX nor XXXX XXXX involvement during said wire. Please see the Affidavit of Preemptive Letter Without Rebuttal after 30 days [ XXXX XXXX   XXXX ] Just as in the case law presented herein there was no money transferred from XXXX bank in this matter to another bank show a loan took place. This is plainly presented thereto XXXX and XXXX XXXX on multiple occasions within three affidavits and one judgment against the Defendants herein. It was stated by XXXX in writing thereto the CFPB and to the Plaintiff by way of letter and USPS mail that XXXX does not recognize your proposed process as legitimate under the terms of the Note and the laws of the State of Nevada or the United States. In fact, your views are not recognized by any court of law or administrative tribunal within the United States. It is XXXX  position that any court or other extra-legal proceedings initiated by you and/or your alleged notary/escrow agent in this matter against XXXX, its officers, agents, or vendors, as a result of XXXX complying with its rights, obligations or requirements under the terms of the Note and Deed of Trust, and Federal and/or State law would be frivolous, without merit, and an abuse of process. You are further reminded that your obligations under the terms of this duly executed Note and Deed of Trust are binding, valid and fully enforceable at law. XXXX must respectfully decline the Tender of Payment Offering Government Obligations Remittance Coupon that you have mailed to XXXX with the intent to fully satisfy and discharge this loan. You are again reminded that said document will not fully satisfy your obligation under the terms of the Deed of Trust and Note for the loan, and is not an acceptable form of payment or an allowable transfer of property, as described under the Deed of Trust and the Note for the above referenced loan obligation. XXXX will not accept or honor the Government Obligations Remittance Coupon. In your correspondence your request the removal or discharge of the loan from the credit reporting agencies. XXXX must respectfully decline your request to remove the reporting as the loan is valid, due and payable. XXXX holds the original Note you signed with XXXX XXXX XXXX, a XXXX ( XXXX ). This is Fraud identity theft and perjury! Committed by all the Defendants herein. XXXX and their agents stated that XXXX XXXX XXXX allege that XXXX and XXXX XXXX XXXX  XXXX ( XXXX ), have altered, recreated or modified loan documents. Enclosed are copies of the original loan documents you signed with XXXX, which were transferred to XXXX upon the servicing transfer. As evidenced by the documents, no alterations have been made to any of the documents. It is common practice for the loan number to change as the loan transfers between servicers as specified in the Welcome Letter ( copy enclosed ) provided, but all original terms remain the same. Should you wish to make an appointment to come to our office and view the original signed Note, it will be available for a period of 60 days from the date of this letter. You may call and schedule an appointment to come and view the original document by calling me directly or by calling Mr. XXXX XXXX, Supervisor of XXXX Research and Correspondence Department, at ( XXXX ) XXXX extension XXXX. In your correspondence dated XX/XX/XXXX, you state that you have proof that your loan was paid off by way of your Infant Trust Account but do not reference a date in which the full payoff of the loan was made. If you have made a payment in full of this loan, please provide me with a copy of the cashed certified funds check or proof of wire so that I may further research the location of the funds. As of the date of this letter, your loan is due for the XX/XX/XXXX. The unpaid principal balance is {$390000.00}. This is Fraud identity theft and perjury! Committed by all the Defendants herein. Plaintiff had made multiple attempts to resolve the matter XXXX and or the Defendants herein continues to send strange letters without verifying who the letter is from threatening to foreclose on the property owned and paid for by XXXX XXXX XXXX. In fact there is no other routing numbers other than that of my personal and private infant trust account and the routing number of the bank that is tied to my infant trust account located in Texas. There is no check return check signed by me thereto the Defendants and there is no proof of a loan by the defendants at any point in time. XXXX makes excuses on not answering the questions legally posed to them trying not to incriminate the controllers and implicate others such as XXXX and XXXX. According to the FCRA the debt must be disclosed in all facets and any lack of disclosure nullifies any alleged contract. As well there is no lien or credit history from the date of the purchase of said property on XX/XX/XXXX whereas if XXXX was involved which they where not, their time line and statute of limitations for recording this information expired on XX/XX/XXXX. For there is no record of the Defendants until XX/XX/XXXX.

Company response to consumer: Closed with explanation