Consumer complaint received 2019-03-03
Company: U.S. BANCORP
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
The below listed letter is one of three letters sent to US Bank via email and certified letter. As of today, the alleged US Bank Account No. : # XXXX home modification is not recorded in the XXXX XXXX County Clerks recording/book and page or XXXX. 


XX/XX/2019 U.S. Bank Home Mortgage XXXX XXXX XXXX XXXX, KY XXXX Re : RESPA Qualified Written Request Dear Consumer Advocacy : This letter is a qualified written request in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ), Regulation X 24 C.F.R. 3500, Federal Servicer Act, the Truth in Lending Act and The Gramm Leach Bliley Act.REF : Alleged Account # XXXX. 

The intent of this letter is determine whether or not I have standing to dispute the validity of your lawful ownership, funding, entitlement right regarding the current debt-principal balance you allege I owe. Therefore, I am respectfully requesting the following information : The original un-certificated or certificated security, A certified copy of the recorded mortgage and modification in accordance with Florida State Statute 701.02, The chain of transfer from your organization to wherever the security is now, The claimed holder in due course of my promissory note and deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments. 

In sum, I understand that under Section 6 of RESPA your organization is required to acknowledge and attempt to resolve this concern within a specific timeframe. I remain open to discuss any/all options regarding the alleged Account No. : XXXX. 

Respectfully submitted, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX XX/XX/2019 U.S. Bank Home Mortgage  XXXX XXXX XXXX XXXX, KY XXXX XXXX : Account # XXXX Dear Consumer Advocacy : This letter will serve as an advisory that I am pursuing a Quiet Title lawsuit against your organization. This letter also serves as a Letter of Demand for a Satisfaction of Mortgage and Cease and Desist for your organization to stop Requesting Payment for this fraudulent mortgage and /or Fraudulently Reporting Adverse and Derogatory Information to the credit bureaus. 

The letter is filed pursuant to the Uniform Commercial Code 9-203.  Attachment and Enforceability of Security Interest ; Proceeds Supporting Obligations ; Supporting Obligations ; Formal Requisites, Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ), Regulation X 24 C.F.R. 3500, Federal Servicer Act, the Truth in Lending Act, The Gramm Leach Bliley Act, The Florida Consumer Collection Practices Act-FCCPA 559.72 ( 9 ), Fair Credit Reporting Act ( FCRA ), 15 U.S.C. section 1681t ( b ), Federal False Claims Act, 31 U.S.C. 3729 ( a ) ( 1 ) ( A ), Florida State Statutes Chapter 701 Assignment and Cancellation of Mortgages and Florida State Statutes 817.545 Mortgage Fraud, Florida Racketeering/RICO Statutes 895.03, Florida State Statutes 65.081 and Florida Declaratory Judgment Act ( the Act ) reference : alleged Account No. : XXXX. 

On XX/XX/2019, I received the following secured email correspondence from your organization indicating : Per review of your original loan documents, we are showing your loan was originated by U. S. Bank Home Mortgage and not registered under the XXXX XXXX XXXX XXXX ( XXXX ) at origination. Since your mortgage was not registered with XXXX it would not have an 18 digit Mortgage ID number assigned. 

At this time your organization has failed to fulfill the Qualified Written Request forwarded via email on XX/XX/2019 and sent certified letter. Therefore, I am forced to pursue a Satisfaction of Mortgage and requesting that your organization Cease and Desist from Requesting Payment and Fraudulently Reporting Adverse and Derogatory Information to the credit bureaus. 

Respectfully submitted, XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, Florida XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation