Consumer complaint received 2021-04-11
Company: David A. Gallo & Associates, LLP
State: NY
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Complainant is the entitlement holder and depositor with security interests in the 15 U.S. Code 78c ( a ) ( 55 ) ( A ) MORTGAGE Security Instrument, " NOTE '', and Loan ID # XXXX dated XX/XX/XXXX in the amount of {$260000.00}, security futures, financial assets, and the derivatives ( herein after securities ) issued against the XXXX XXXX XXXX ( estate ) ( Certificated Security, NEW YORK STATE DEPARTMENT OF HEALTH, Transcript of Live Birth, Local Registration No. XXXX ) by special deposit currently on the accounts receivables books of the XXXX XXXX Supreme Court via DAVID A. GALLO & ASSOCIATES LLP commercial filings and/or other deposits into the XXXX XXXX Supreme Court registry. Furthermore, DAVID A. GALLO & ASSOCIATES LLP are fiduciaries by their own admissions and are " ALLEGEDLY '' holder ( s ) of my financial assets issued from my estate by the financial transaction executed XX/XX/XXXX. DAVID A. GALLO & ASSOCIATES LLP et al. misappropriated estate assets by falsely recording them as their own assets as described under 18 U.S. Code 1956 ; meaning that said parties are trying to unjustly enriched themselves by failing to return estate securities and give equal value exchange to the depositors accounts held by the parties represented by DAVID A. GALLO & ASSOCIATES LLP. The forgoing facts are sufficient circumstances to create a trust by operation of law, and DAVID A. GALLO & ASSOCIATES LLP with unclean hands are in breach of trust, violation of FDCPA, and other consumer protection and federal laws for depositing financial assets issued from my estate and not returning the even value exchange. DAVID A. GALLO & ASSOCIATES LLP et al. have willfully failed to perform their obligations under Public Law 73-10, Chapter 48, 48 Statute 112, 73rd Session Of CongresXXXX XX/XX/XXXX, Statement of Financial Accounting Standards Nos. 5, 95, 125, 133 and 140, Generally Accepted Accounting Principles, and Federal Reserve Banks Publications ( SEE CERTIFIED COPY OF EXPERT WITNESS AFFIDAVIT ATTACHED ). Equity will not suffer a wrong to be without a remedy, thereby, Claimant makes adverse claim, nunc pro tunc, as the entitlement holder and rebuts any implied trust created by DAVID A. GALLO & ASSOCIATES LLP, and rebuts any attempt to make a general deposit of estate assets into the XXXX XXXX Supreme Court registry. DAVID A. GALLO & ASSOCIATES LLP et al., joint and several, made a 26 U.S. Code 7206 fraudulent conversion and made a general deposit of estate securities to commit a fraudulent 26 U.S. Code 2612 and 2603 taxable termination scheme to steal the financial assets of the estate. DAVID A. GALLO & ASSOCIATES LLP et al. have committed an unlawful conversion and have falsified the court record to claim that they are beneficiaries of securities issued from my estate. Claimant by XXXX XXXX also rebuts any presumption of abandonment for the securities deposited with any XXXX or XXXX, with securities intermediary XXXX XXXX, XXXX et al. Additionally, DAVID A. GALLO & ASSOCIATES LLP have not presented the original Note as proof of claim that they have standing to foreclose on my property. The Note was endorsed in blank and DAVID A. GALLO & ASSOCIATES LLP have not exhibited the original to evidence standing and entitlement to foreclose.Endorsement " PAY TO THE ORDER OF : ... ... ... WITHOUT RECOURSE '' constitutes payment, note was converted into a draft by qualified restrictive endorsement.

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