Consumer complaint received 2019-03-06
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: OH
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
TO USAA FEDERAL SAVINGS BANK BOARD OF DIRECTORS. REGARDING NOTE FOR XXXX ON XX/XX/XXXX AND CURRENT NOTE XXXX ON XX/XX/XXXX. PRODUCE THE NOTES. Greetings, Well, after 7 mouths the facts have not been answered on this matter. I have sent USAA FEDERAL SAVINGS BANK documents of all facts on this issue. The fact that you have not rebutted the proof of claim point by point. I will now inform you I'm of the age of Majority, of sound mind and competent to testify. The fact of the matter is I signed 4 promissory notes for value and USAA FEDERAL SAVINGS BANK has accepted the notes as Legal Tender. All Promissory notes are a tender of payment of a 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. The promissory notes under Title 7 CODE OF FEDERAL REGULATIONS 1951.15- Return of paid-in-full or satisfied notes to borrower. The notes will be returned to the borrower after the payment in full or execute an appropriate affidavit regarding the lost notes. I have requested a affidavit of truth, requesting that you produce my wet ink note and the satisfied note, which has been dis-honored. Code of federal regulations 1901.503 Definitions. ( 1 ) - ( 19 ) insurance of notes and 1901.508 Servicing of insured notes outstanding with investors. The holder will endorse the insured note as follows : " Pay to the order of the United States of America. Without recourse ''. As the facts I have stated in our contract # XXXX Conditional Acceptance for the Value/Agreement/ Counter Offer to Acceptance of Offer. The Obligation 's of public debt of the United States of America is discharged though the banks. USAA FEDERAL SAVINGS BANK has refused to answer my questions with detailed specific answers, we will presume that there is a concealment of material of facts and that the promissory note has been altered and stolen and that I provided the money that USAA FEDERAL SAVINGS BANK claims have lent to me. If you claim that there is an agreement and a loan, then you must stop concealing material facts, answer my questions, and tell me if the promissory note was recorded as a loan from me to USAA FEDERAL SAVINGS BANK or the Promissory note was stolen. According to my records, the promissory note was stolen or recorded as a loan from me to USAA and that USAA never paid XXXX cent as adequate consideration to purchase the promissory note from me creating the economics similar to stealing, counterfeiting and swindling. I am now demanding that you either stop concealing material facts and answer my questions if you claim that there is an agreement or that you return the stolen promissory note. If you claim that the promissory note was a loan from me to USAA FEDERAL SAVINGS BANK, I demand that you immediately repay the loan by returning the promissory note and stop the damage to me. I am hereby offering to discharge the alleged debt provided that you give specific answers to my questions regarding the alleged debt and I will payoff or discharged the alleged debt using the same specie of funds or money or money equivalent that USAA FEDERAL SAVINGS BANK used to fund the alleged loan or similar instrument thus ending all liens and interests. One of the requirements of a negotiable instrument is that the instrument must be payable for a fixed amount of money. My question is, from your point of view according to your understanding of the agreement, is money deposited recorded as a bank asset or as a bank liability? Please list all forms of money or negotiable instruments you and USAA FEDERAL SAVINGS BANK are involved in, issuing the alleged loan, use as or like or as a substitute as money or credit used to fund checks or bank drafts. Specifically, did you or USAA FEDERAL SAVINGS BANK use my promissory as a bank asset which was offset by a bank liability? Specifically was my promissory note used to fund a check or bank draft? If my promissory note was used to fund a check, then I provided the money to fund the so called loan and you never lent me XXXX cent of your money to purchase the note from me. Therefore, the economics are similar to stealing, counterfeiting and swindling against me, which I never agreed to and which is not part of the agreement. According to me if you used my promissory note to fund a check, you stole my promissory note or you recorded it as a loan from me to you and you still owe me money that you never lent me. Stealing changed the cost and the risk of the transaction. I want to know specifically did you intend to create the economics similar to stealing my promissory note as part of the agreement? Please answer yes or no. If you refuse to tell me, then we have fraud in the factum, which makes you no longer the holder in due course. No title passes with a theft. Since the promissory note is forged, and no good title passes with a forged document, you are not the holder. I demand that the stolen forged promissory note now be returned or you answer all of my questions in this notice and previous notices explaining the terms and conditions of the alleged agreement concerning the economics similar to stealing, counterfeiting and swindling. To be a holder in due course you must perform the following 3 deeds : 1. Purchase the promissory note from me. 2. Take the promissory note in good faith using honesty, absence of malice and the absence of design to defraud or seek an unconscionable advantage ( See Blacks Law Dictionary for good faith ) and 3. Have no notice of any defenses against payment of other claims on the promissory note. USAA FEDERAL SAVINGS BANK agreed to the following general terms and conditions of the loan agreement : 1. USAA FDERAL SAVINGS BANK must use their money or credit as adequate consideration to purchase the agreement from me to repay the loan. 2. USAA FEDERAL SAVINGS BANK involved in the alleged loan did not accept anything of value from me that would be used to fund a check or similar instrument in approximately the amount of the alleged loan. 3. USAA FEDERAL SAVINGS BANK must follow Generally accepted accounting principles as required by CPA audit opinions. 4. The intent of the agreement is the party who funded the loan is to be repaid the money. 5. All material facts are to be disclosed in the writing agreement.6. The holder must repay the loan in the same specie of money or credit or thing of value the financial institution involved in the loan used to fund the loan check or similar instrument, thus ending all interest and liens. 7. The loan transaction does not create the economics similar to stealing, counterfeiting and swindling. The agreement that I entered into has the above seven elements in it. According to the bookkeeping entries, USAA FEDERAL SAVINGS BANK breached all seven basic elements of the agreement and USAA FEDERAL SAVINGS BANK and then concealed material facts of the agreement. I am demanding adequate assurance of due performance that the above seven elements are part of the loan agreement or I demand that the USAA FEDERAL SAVINGS BANK return a XXXX loan balance. The question is Why you Can not produce the promissory note? Answer is because they are a bill of exchange, legal tender and used to discharge public debt. NOTICE OF MEMORANDUM OF LAW POINTS AND AUTHORITIES IN SUPPORT OF INTERNATIONAL BILL OF EXCHANGE Points and Authorities in Support of International Bills of Exchange or International Promissory Note Those who constitute an association nationwide of private, unincorporated persons engaged in the business of banking to issue notes against these obligations of the United States due them ; whose private property is at risk to collateralize the governments debt and currency, by legal definitions, a national banking association ; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as legal tender of payment for all debts public and private, and are defined in law as obligations of the United States, on the same par and category with Federal reserve notes and other currency and legal tender obligations. RE : Item tendered for Discharge of Debt. TENDER OF DEBT BY THE PEOPLE i.e. the SURETY IS AN OBLIGATION OF THE U.S. TREASURY ( The instrument tendered to whomever, and negotiated to the  United States Treasury for settlement, is an Obligation of THE UNITED STATES, under Title 18USC Sect.8, representing, as the definition provides, a certificate of indebtedness .drawn upon an authorized officer of the United States , ( in this instance the Secretary of the Treasury ) issued under an Act of Congress ( see : public law 73-10, HJR-192 of 1933, Title 31 USC 3123 and 31 USC 5103 ) and by treaty ( see : UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE AND INTERNATIONAL PROMISSORY NOTES ( UNCITRAL ) and the XXXX XXXX XXXX headquartered in XXXX, XXXX ) . TITLE 18 & gt ; PART I & gt ; CHAPTER 1 & gt ; Sec. 1. & gt ; Sec. 8. 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 drafts for money, drawn by or 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. The International Bill of Exchange is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition ( UCC 4-105, 12CFR Sec. 229.2, 210.2, 12 USC 1813 ), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender and is issued in accordance with 31 USC 3123 and HJR 192 ( XXXX ) which establish and provide for its issuance as Public Policy in remedy for discharge of equity interest recovery on that portion of the public debt to its Principals and Sureties bearing the Obligations of THE UNITED STATES. This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to that portion of the public debt it is intended to reduce. During the financial crisis of the depression in XXXX, gold, silver and real money were removed as a foundation for our financial system. In its place the substance of the American citizenry : their real property, wealth, assets and productivity that belongs to them was, in effect, pledged by the government and placed at risk as the collateral for US debt, credit and currency for commerce to function. This is well documented in the actions of Congress and the President at that time and in the Congressional debates that preceded the adoption of the reorganizational measures : Senate Document No. 43, 73rd Congress, 1st Session, stated, 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 debt 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 in the Nation. ( Which lawfully belongs to these private citizens. ) The National Debt is defined as mortgages on the wealth and income of the people of a country. ( XXXX XXXX, XXXX. ) Their wealth, their income. The reorganization is evidenced by : The Emergency Banking Act, XX/XX/XXXX, House Joint Resolution 192, XX/XX/XXXX ( public law 73-10 ) And the series of Executive Orders that surrounded them : 6073- Reopening of Banks. Embargo on Gold Payments and Exports, and Limitations on Foreign Exchange Transactions. XX/XX/XXXX 6111-Transactions in foreign exchange are permitted under Governmental Supervision. XX/XX/XXXX 6102 Forbidding the hoarding of gold coin, gold bullion and gold certificates. XX/XX/XXXX On XX/XX/XXXX, Congress had passed An Act to provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford a means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes. The Act is commonly known as the Federal Reserve Act. One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other securities which Federal reserve Banks are authorized to hold under Section 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in Section 14 ( a ) of the Act is defined : 1. Banking. Offer of stocks, bonds, or other assets owned by a party other than the borrower as collateral for a loan, without transferring title. If the borrower turns the property over to the lender who holds it for safekeeping, the action is referred to as a pledge. If the borrower retains possession, but gives the lender the right to sell the property in event of default, it is a true hypothecation. 2. Securities. The pledging of negotiable securities to collateralize a brokers margin loan. The broker pledges the same securities to a bank as collateral for a brokers loan, the process is referred to as re-hypothecation. [ Dictionary Of Banking Terms, Fitch, pg. 228 ( XXXX ) ] As seen from the definitions, in hypothecation there is equitable risk to the actual owner. Section 16 of the current Federal Reserve Act, which is codified at 12 USC 411, declares that Federal Reserve Notes are obligations of the United States. So we see the full faith and credit of the United States, which is the substance of the American citizenry, their real property, wealth, assets and productivity that belongs to them, is thereby hypothecated and re-hypothecated by the United States to its obligations as well as to the Federal Reserve for the issuance and backing of Federal Reserve Notes, as legal tender, for all taxes, customs, and other public dues. TITLE 12 & gt ; CHAPTER 3 & gt ; SUBCHAPTER XII & gt ; Sec. 411. Sec. 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. The commerce and credit of the nation continues on today under financial reorganization ( Bankruptcy ) as it has since XXXX, still backed by the assets and wealth of the American citizenry, at risk for the governments obligations and currency. Under the 14th amendment and numerous Supreme Court precedents, as well as in equity, Private property can not be taken or pledged for public use without just compensation, or due process of law. I have signed the promissory note for value and they were accepted by USAA FEDERAL SAVINGS BANK as legal tender. I have also mailed USAA FEDERAL SAVINGS BANK a Tender of payment Offering under the Federal Emergency Relief Act of XXXX. AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of XXXX Approved, XX/XX/XXXX ( Sec. 4. ( a ) ) " The ownership of all property is in the state by virtue of the government " Under the new 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 Federal reserve banks and 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 Federal Reserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( Dec. 23, 1913, ch. 6, 16 ( par. ), 38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ), 48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ), 49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. I have giving you instructions on my tender of payment. USAA FEDERAL SAVINGS BANK Kept the original GOVERNMENT OBLIGATIONs REMITTANCE COUPON. Which means that we are in a agreement that the debt is discharged. You have accepted the tender of payment. 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 ofXX/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 ). Discharging of Government Obligations Acct # 1803742129 Beneficial Interest Holder and Citizen of the United States of America " Since XX/XX/XXXX, the United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. '' Senate Report 93-549, July 24, 1973 ; Public Law 94-112 - XX/XX/XXXX 7 CFR 1901.508 Servicing of insured notes outstanding with investors. ( i ) endorse the insured note as follows : Pay to the order of .. Without recourse. The holder will then deliver the endorsed note, to the XXXXirector, Finance Office. ( ii ) On receipt of the endorsed note the Director, Finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. The United States can not pledge or risk the property and wealth of its private citizens, for any government purpose, without legally providing them remedy to recover what is due them on their risk. This principle is so well established in English common law and in the history of American jurisprudence. The 14th amendment provides : no person shall be deprived ofproperty without due process of law. The Courts have long ruled to have ones property legally held as collateral or surety for a debt, even when he still owns it and still has it, is to deprive him of it since it is at risk and could be lost for the debt at any time. The United States Supreme Court said, in United States v. XXXX [ 13 Wall, 623, 627 ], Private property, the Constitution provides, shall not be taken for public use without just compensation. The right of subrogation is not founded on contract. It is a creature of equity ; is enforced solely for the purpose of accomplishing the ends of substantial justice ; and is independent of any contractual  relations between the parties. XXXX & L. R. R. Co. v. Dow, 120 U.S. 287, 301-302 ( 1887 ). The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as XXXX in XXXX v. XXXX XXXX. XXXX, 371 U.S. 132, when the Court said : sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise And probably there are few doctrines better established Blacks Law Dictionary, 5th edition, defines surety : One who undertakes to pay or to do any other act in event that his principal fails therein. Everyone who incurs a liability in person or estate for the benefit of another, without sharing in the consideration, stands in the position of a surety. Constitutionally, and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk as collateral for its currency and credit, without legally providing them equitable remedy for recovery of what is due them. The United States government, of course, did not violate the law or the Constitution in this way in order to collateralize its financial reorganization, but did, in fact, provide such a legal remedy so that it has been able to continue on since XXXX to hypothecate the private wealth and assets of those classes of persons by whom it is owned, at risk backing the governments obligations and currency, by their implied consent, through the government having provided such remedy, as defined and codified above, for recovery of what is due them on their assets and wealth at risk. The provisions for this are found in the same act of Public Policy HJR-192, public law 73-10 that suspended the gold standard, abrogated the right to demand payment in gold, and made Federal Reserve notes for the first time legal tender, backed by the substance or credit of the nation. All US currency since that time is only credit against the real property, wealth and assets belonging to the private sovereign American people, taken and/or pledged by THE UNITED STATES to its secondary creditors as security for its obligations. Consequently, those backing the nations credit and currency could not recover what was due them by anything drawn on Federal Reserve notes without expanding their risk and obligation to themselves. Any recovery payments backed by this currency would only increase the public debt its citizens were collateral for, which an equitable remedy was intended to reduce, and in equity would not satisfy anything. And there was, as still, no longer actual money of substance to pay anybody. There are other serious limitations on our present system. Since the institution of these events, for practical purposes of commercial exchange, there has been no actual money in circulation by which debt owed from one party to another can actually be repaid. Federal Reserve Notes, although made legal tender for all debts public and private in the reorganization, can only discharge a debt. Debt must be paid with value or substance ( i.e. gold, silver, barter, labor, or a commodity ). For this reason HJR-192 ( XXXX ), which established the public policy of our current monetary system, repeatedly uses the technical term of discharge in conjunction with payment in laying out public policy for the new system.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation