Consumer complaint received 2021-09-02
Company: AMERIS BANCORP
State: AL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
The following is a narrative of Bank Fraud pursuant to 18 USC 1344 Ameris Bank knowingly allowed me XXXX XXXX to assume a fraudulent Loan that Bank Officers knew was a fraudulent Loan the Loan was derived by the use of a falsely inflated appraisal. Appraisal Fraud is Mortgage Fraud. Also with a Fraudulent Title Opinion which maliciously slandered my Title what is even more suspicious is that Ameris Bank did not go after individuals who committed the actual Fraud. Those individuals are XXXX XXXX XXXX and XXXX XXXX. 

The following Substantive facts are being provided to illustrate that XXXX XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX knew XXXX XXXX XXXX loan was a fraudulent Loan prior to me assuming the loan and four years later after all criminal investigations were completed coerced me into signing a promissory note and a Fraudulent Mortgage Note with the assistance of XXXX XXXX the Attorney for Ameris Bank. 

1. On XX/XX/XXXX Lender made a loan to borrower XXXX XXXX XXXX in the principal amount of {$100000.00} using an artice from the XX/XX/XXXX XXXX County Revenue Commission Tax Record Card, with an estimated Fair Market Value of {$130000.00}. Despite the fact, The XXXX County Revenue Commission does not have this XXXX Tax Record Card on le. Instead, the actual XXXX Tax Record Cards Fair Market Value is in the amount of {$110000.00}. Appraisal Fraud is mortgage fraud where the value of a property is deliberately and fraudulently inated to defraud a lending institution, to fund a fraudulent mortgage, which is a Federal Crime Pursuant to 18 U.S.C. 1344.

2. On XX/XX/XXXX Consumer Signed a loan assumption agreement, with XXXX and XXXX XXXX, ( Vice President of Commercial Loans, Ameris Bank XXXX as a stipulation to prevent mortgage loan from going into default and foreclosure. At this time the bank led XXXX XXXX XXXX ( Consumer ) to believe they were not involved with XXXX XXXX XXXX. Who was under Investigation by the XXXX County Sherriff 's Department for mortgage Fraud Schemes. However, it has become very apparent that Ameris Bank including XXXX XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX were fully aware of the Mortgage Fraud Scheme committed by XXXX XXXX XXXX prior to me assuming XXXX XXXX XXXX Fraudulent Mortgage Note. I ( XXXX XXXX essentially assumed a fraudulent mortgage, this mortgage is not real and is a counterfeit lien on my property located at highway XXXX in XXXX XXXX Alabama. It is public record that the attorney Ameris Bank used to do the title opinion was a partner of XXXX XXXX XXXX in the Mortgage Fraud Scheme. it is becoming extremely apparent that there was a third partner in this relationship, and that third partner was an ocer in Ameris Bank. 

3. On XX/XX/XXXX XXXX XXXX ( Vice President Special Assets Division of Ameris Bank ) emailed to me the In-House Appraisal of XXXX mortgage loan. XXXX XXXX emailed me stating Ameris Bank conducted an in-house property valuation based upon the tax assessed value of the property from the XX/XX/XXXX XXXX County Tax Record Card with a Fair Market Value of {$130000.00}, which is clearly an artice because the XXXX County Revenue Commission does not have this Tax Record Card on le. The actual Tax Record Card on le has a Fair Market Value of {$110000.00} for XX/XX/XXXX. 

4. On XX/XX/XXXX Consumer under Coercion and duress by Ameris Banks attorney XXXX XXXX executed a loan assumption note to pay off the balance of a fraudulent Loan # XXXX in the name of XXXX in the amount of {$66000.00} in order to prevent XXXX XXXX loan from going into default which would subsequently lead to Ameris bank foreclosing on Consumers subject property. This is clearly Predatory Lending Mans Rea and XXXX. Ameris Bank including their attorney XXXX XXXX knew prior to me executing a loan assumption agreement that the mortgage was originated within a mortgage fraud scheme, and the banks attorney knew the mortgage was fraudulent. Because of these substantive facts the Bank has violated my constitutional right of the Fifth and Fourteen Amendment and has a false lien on my property and maliciously and fraudulently slandered my title. What is suspicious is that Ameris Bank has not pressed charges against XXXX XXXX XXXX nor the attorney who provided the title opinion. 

In Reference to bankruptcy Case, because XXXX XXXX through XXXX XXXX coerced me into incurring the debt that really wasn't my debt. I missed 3 payments because I explained to XXXX XXXX that because my son is starting his first year of college I may not be able to make the first few payments on time. XXXX XXXX assured me that this would not be a problem ; however, obviously it was a problem because after missing XXXX payments XXXX XXXX and XXXX XXXX began harassing me to make payments and began foreclosure procedures. in order to prevent Ameris Bank from completing the foreclosure process I filed for Bankruptcy protection. 

In the first Bankruptcy case I explained to my first attorney that there is something wrong with this mortgage, because the individual who originated the loan is XXXX XXXX XXXX was arrested for Mortgage Fraud, and I was coerced into signing a mortgage loan to pay off the balance of XXXX XXXX XXXX 's Loan. This attorney would not file an objection to the claim so I voluntarily got the case dismissed because the attorney refused to file a complaint. 

I filed a second Bankruptcy case to once again prevent Ameris Bank from foreclosing. In the second bankruptcy case I explained to my attorney that there is something wrong with this mortgage, because the individual who originated the loan is XXXX XXXX XXXX was arrested for Mortgage Fraud, and I was coerced into signing a mortgage loan to pay off the balance of XXXX XXXX XXXX 's Fraudulent Loan. This case lasted a little longer ; however I was not able to get this bankruptcy attorney to file an objection to Ameris Banks claim. subsequently this bankruptcy case was dismissed.

In the thirds bankruptcy case has lasted longer because I have been learning from the previous two cases. Once again. I explained to my Bankruptcy attorney that there is something wrong with this mortgage, because the individual who originated the loan is XXXX XXXX XXXX who was arrested for Mortgage Fraud, and I was coerced into signing a mortgage loan to pay off the balance of XXXX XXXX XXXX 's Loan. My attorney refused to file the complaint so I took it into my own hands and filed the complaint Pro Se which led to an adversary proceeding. The adversary proceeding was dismissed ; however, it is currently pending appeal.

It has become increasingly apparent that in the Adversary proceeding XXXX XXXX has relationships with the judges. because the previous judge in the adversary proceeding confirmed that there was an ex parte communication and recused herself. 

XXXX XXXX then took over that case, but through my investigation Judge XXXX and XXXX XXXX were both Law Professors teaching Bankruptcy Law. XXXX XXXX who dismissed the Adversary Proceeding and granted Motion for relief from stay suborned several laws and violated my constitutional rights. 

XXXX XXXX pursuant to FDIC Regulations has a duty to report fraudulent appraisals and fraudulent Title opinions. XXXX XXXX also Suborned and Trespassed Alabama law 40-15-1, 40-11-1 and 40-7-1 which allows XXXX County Revenue Commissioner to issue one Property Tax Record per year and it must be issued by XX/XX/XXXX. It is very surprising that XXXX XXXX would suborn the law and violate my constitutional Rights, my fifth and Fourteenth Amendment. XXXX XXXX has violated my constitutional rights which will be addressed in my appeal. Also XXXX XXXX made several False Statements to the FDIC ; however he did confirm Ameris Bank used an in-house property valuation with the XXXX XXXX County Tax Record Property Card with a value that supports {$130000.00}. 

What is very suspicious is that Ameris Bank did not go after XXXX XXXX XXXX nor XXXX XXXX ( who did the fraudulent Title Opinion ) but instead are going after me for a loan I did not apply for. 

Please find article on XXXX XXXX XXXXXXXX XXXX arrest. 
XXXX XXXX XXXX XX/XX/XXXX. 
XXXX : XXXX Please find article on XXXX XXXX XXXX XXXX by Alabama State Bar XXXX XXXX XX/XX/XXXXXXXX XXXX XXXXXXXX

Company response to consumer: Closed with explanation