Consumer complaint received 2018-01-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Dear Sir/Madam, After performing diligent search for verification of information gleaned from the World Wide Web, the below has been found. All information herein or herewith is drawn from sources, as cited, of integrity. Verification comes from statements issued by The United States, STATE of California, their regulatory agencies and manuals ; and from government and private instrumentalities. With those sources in mind certain conclusions appear which ARE stated as personal legal determinations. Further, your duty to produce documents is required by law. You will find certain forms referenced herein or herewith showing the final basis for the conclusions. The request for assistance is based on mistakes. Being that mistakes on both sides of the contracts, or, presumptive contracts, more likely are apparent. It is believed that working together will solve the issues herein and herewith. Therefore, it is formally requested that assistance be provided by Sir/Madam of XXXX XXXX XXXX XXXX and all its agents or employees in closing the matters timely and quickly. Appendix A is the OVERVIEW of what we discovered that the bank has done with the NOTE, that the fact is the NOTE is our promise to pay, XXXX XXXX XXXX XXXX hereafter referred to as the Alleged Bank/Lender ( s ) /Servicer ( s ), has monetized our NOTE and turned it into a cash item, and used the Deed of Trust as security for the NOTE. As a result, the Alleged Bank/Lender ( s ) /Servicer ( s ) did not loan its own assets, it loaned credit, a FRAUD, FRAUD IN THE INDUCEMENT, FAILURE OF CONSIDERATION, CONSTRUCTIVE FRAUD, done in CONSPIRACY, an utterly void and without value transaction. All of this is supported and shown by escrow documents as detailed under Appendix B. Appendix C will show the core issue that there is no contract with the Alleged Bank/Lender ( s ) /Servicer ( s ), and will also show the reasons that there is no standing or capacity for the Alleged Bank/Lender ( s ) /Servicer ( s ) ; which leads to our conclusion that the Alleged Bank/Lender ( s ) /Servicer ( s ) has no entitlement, no legal protections without the production of the contract exhibiting all the necessary requirements of a contract by operation of law. No contract, no standing. No standing, no claim. No claim, no defense. If at any time you find error in this presentment, it is formally, under contract and trust terms, requested that statement exposing such be disclosed. As a layman at law, the legal determinations herein are of a personal, private nature and Alleged Bank/Lender ( s ) /Servicer ( s ) is required to hold this privacy unless consent is given to disclose this instrument to any one. As these matters are very, very, serious for all parties, it is believed cooperation in closing out the issues is paramount. This letter is our act of good faith to correct mistakes. This letter offers release for what could be found to be illegal acts. This letter provides opportunity for all parties to mortgage # XXXX ( XXXX XXXX XXXX XXXX ) and # XXXX ( CAPITAL ONE, N.A. ) to be made whole. Failure by Alleged Bank/Lender ( s ) /Servicer ( s ) to act will be recorded as fact showing intent to deceive, fraud, conversion and other felonies by bank officers. This is simply because the corporation, Alleged Bank/Lender ( s ) /Servicer ( s ) is incapable of felony as it is merely a piece of paper. SYNOPSIS We made mistakes in relying on certain acts by Sir/Madam and XXXX XXXX XXXX XXXX Our reliance was done in contact with professionals operating the mortgage/bank systems. In short, our reliance was induced under professional standard, in our expectation of good faith and clean hands. Since we discovered these errors, a choice to believe said errors are founded on mistakes is foundational for this instrument. In the event Sir/Madam of XXXX XXXX XXXX XXXX  chooses to assist in correction of these mistakes, the following will make us whole and exhibit clean hands by XXXX XXXX XXXX XXXX 1. The Deed of Trust is cleared of any claim by XXXX XXXX XXXX XXXX with the transfer of clean title back to XXXX XXXX XXXX and XXXX XXXX XXXX. 2. The cash/current funds expended during purchase of XXXX XXXX XXXX XXXX, California, XXXX including of all outlays and payments is to be reimbursed by XXXX XXXX XXXX XXXX. 3. We will issue a new XXXX OID for the full value of the purchase price and all expenses in favor of XXXX XXXX XXXX XXXX with a new XXXX XXXX  abandoning those funds to XXXX XXXX XXXX XXXX ( Or, in the alternative, issue release of those funds via letter of instruction. ) 4. The parties agree to hold the other harmless for all acts and omissions prior or future ; unless new evidence of a compelling nature is disclosed. It is believed these four ( 4 ) items will make both parties whole in an open transparent manner which corrects all mistakes by any party. Counter presentments are welcome so long as both parties are closed as to liabilities. Again, please advise us if there is anything incorrect or unfair in what is stated herein. Be advised that in the event these issues are not settled in a reasonable amount of time, seven ( 7 ) days seems appropriate, we will take all appropriate action. In contemplation of corruption of these issues and to prevent abuse of process, this instrument is placed in a time vault, on the World Wide Web ready for massive dissemination. We look forward to resolving the exposed mistakes timely and quickly. Done this XXXX XXXX XXXX XXXX 2018, as stated under pains and penalties of perjury under the laws of the United States of America and the State of California. Appendix A OVERVIEW 1. NOTE is our promise to pay at a future time, labor backing both the NOTE and all current funds circulating as currency. 2. Monetizing or securitizing the NOTE turns it into a cash item. 3. Deed of Trust is security for the NOTE. Trust law reverses rules of evidence, Trustee must prove good faith, full disclosure and proper procedures for operations. 4. Escrow is the transfer point between seller, buyer, Title Company, so called lender, where the NOTE is exchanged for deed. 5. Alleged Bank/Lender ( s ) /Servicer ( s ), issued check to escrow under internal request procedure. At time of issuing audits will expose that there is no evidence verifying : a ) source of money ; b ) owned by bank ; c ) at time, or later, of issuing check, all of which is available as proof via public records of corporation. 6. Alleged Bank/Lender ( s ) /Servicer ( s ) issued NSF ( non-sufficient funds ) check. 7. Alleged Bank/Lender ( s ) /Servicer ( s ) never possessed the NOTE until after transfer between seller and buyer, deed for check. 8. Deed of Trust executed at closing of escrow is security for the NOTE. 9. Alleged Bank/Lender ( s ) /Servicer ( s ) later records as sent, NOTE to offset the liability of check. 10. Alleged Bank/Lender ( s ) /Servicer ( s ) records, audited statement, shows conclusively that Alleged Bank/Lender ( s ) /Servicer ( s ), loaned credit, buyers credit, which took place at escrow closing. 11. Alleged Bank/Lender ( s ) /Servicer ( s ) did not loan its own assets, it loaned credit, not even theirs, an ultra vires act, illegal under law and regulating authorities. A FRAUD, FRAUD IN THE INDUCEMENT, FAILURE OF CONSIDERATION, CONSTRUCTIVE FRAUD, done in CONSPIRACY, ISSUE A FRAUDULENT SECURITY, an utterly void and without value transaction. 12. Transfer of Title to registry systems or second servicer is fraudulent. 13. Bank claims abandoned funds after three ( 3 ) years. This is double payment and never disclosed. 14. Deed of Trust is fraudulent, resulting in defective Title, unmarketable title. Appendix B Each of these statements is shown by escrow documents. The Alleged Bank/Lender ( s ) /Servicer ( s ), or so called lenders acts are shown as follows : 1. Balance sheet relating to the original loan, shows ledgering of the account as required to be reported and open knowledge under 12 USC 242, 347 and proved by XXXX reports available from IRS. 2. The 424 B-5 prospect reports shows filing facts concerning the security issued under the note and Deed of Trust without reporting bases of the derivative. 3. Securities and Exchange Commission Reports S 3 A shows the sale of the note and form of item sold. 4. FASB ( Financial Accounting Standards Board ) forms 125, 133, 140, 5, 95 guides an auditor to the liability side of the banks books, exposing exactly where the money came from and shows where it went and under what procedure and instrument. 5. The NOTE as negotiable instrument falls under UCC. 6. There is never a receipt given for the deposit of value. 7. 12 USC 1813 ( L ) ( I ) discloses that deposit of a promissory note is cash to the Alleged Bank/Lender ( s ) /Servicer ( s ). The Alleged Bank/Lender ( s ) /Servicer ( s ) s cash is our cash, not the Alleged Bank/Lender ( s ) /Servicer ( s ) ; the proof is the bogus loan paper. 8. There was never a receipt issued for the cash deposit. 9. The notes transferred at a transaction account creates an asset on the payable side of the ledger ; while on the liability side of the ledger, the NOTE issued by the presumed buyer/borrower is sold after monetizing. 10. First funds transfer or hold absolute right to the NOTE or cash equivalent. 11. XXXX OID identifies the principal issuer. Deed of trust is required to be registered as evidence of debt. Notes are not so required. Sale of unregistered security sets up right of rescission as a property right absolute. Conclusion based on evidence publicly available is that the transaction between buyer and Alleged Bank/Lender ( s ) /Servicer ( s ) is a fraud. The mistake may have resulted from standard practice, procedures, application on part of Alleged Bank/Lender ( s ) /Servicer ( s ) or, it may not. In either instance the predicate facts are result in the issues herein. Appendix C In Appendix B, we discovered that the whole mortgage was a fraud from the beginning. Webelieve Wehave discovered the core issue is that there is no contract with the bank, there is no standing or capacity for the Alleged Bank/Lender ( s ) /Servicer ( s ), its agents and its servicers because : 1. We have no contract with the Alleged Bank/Lender ( s ) /Servicer ( s ). 2. The Alleged Bank/Lender ( s ) /Servicer ( s ) never placed on the files of this matter its corporate delegation, or its minutes authorizing to entry into a contract with us. 3. There is no officer identified with corporate authority attached or corporate authority to engage a contract with us. 4. The corporate charter for Alleged Bank/Lender ( s ) /Servicer ( s ) does not authorize its taking of our note to fund a Alleged Bank/Lender ( s ) /Servicer ( s ) s liability, escrow check, exchanged for issuers, our note, obligation to pay at close of escrow on specific time line. 5. The Alleged Bank/Lender ( s ) /Servicer ( s ) issued a NSF ( non-sufficient funds ) check to escrow prior to having possession of the assets, NOTE issued by us. 6. The Alleged Bank/Lender ( s ) /Servicer ( s ) s charter, state law and federal law do not authorize Alleged Bank/Lender ( s ) /Servicer ( s ) to lend credit, no matter the source of the credit. 7. The Alleged Bank/Lender ( s ) /Servicer ( s ) s charter limits the Alleged Bank/Lender ( s ) /Servicer ( s ) to specific acts ; all acts outside its legal or corporate authority being ultra vires, of no effect, utterly void. In this matter, the payments made by us to the Alleged Bank/Lender ( s ) /Servicer ( s ) were induced under fraud, the illegal acts above, which voids any claim by Alleged Bank/Lender ( s ) /Servicer ( s ). The creation of debt by lenders, the Deed of Trust and Promissory Note, payment of or agreement to pay money to the debtor, the Alleged Bank/Lender ( s ) /Servicer ( s ), or to a third party for account of debtor, the Alleged Bank/Lender ( s ) /Servicer ( s ), is not a contract. Assumption of contract being in place for collection process requires that the contract be produced ; it is never produced because there is no contract. The creation of debt by a credit to an account with the lender, Deed of Trust and Promissory Note, upon which the debtor, the Alleged Bank/Lender ( s ) /Servicer ( s ), is entitled to draw immediately such as the NSF check exchange for the NOTE, does not create a contract nor obligation. Failure by Alleged Bank/Lender ( s ) /Servicer ( s ) to produce bona fide contract is admission to inducement to part with valuable consideration in exchange for nothing but a different instrument. None the less, the only value issued is by us, which is able to be shown through Alleged Bank/Lender ( s ) /Servicer ( s ) documents which are public record, audits and corporate reports. We will, if needed, subpoena the records mentioned above in order to prove the points herein. The Alleged Bank/Lender ( s ) /Servicer ( s ) appears to have failed : to operate under these legal principals, covered by, UCC , the laws governing consumer credit and usury, the providing of rate ceilings to assure adequate supply of credit to consumers ; to educate consumers for understanding the terms of credit transactions ; to keep so called lenders honest through competition for credit at reasonable cost ; to protect so called consumers against illegal acts ; to keep fair and sound consumer credit practices ; to comply with FEDERAL TRUTH IN LENDING ACT ; and to equalize all jurisdictions. Consumers in the above context are XXXX XXXX XXXX  and XXXX XXXX XXXX. In reality the Alleged Bank/Lender ( s ) /Servicer ( s ), XXXX XXXX XXXX XXXX is the consumer of our credit, who issued that product, the NOTE, promise to pay, representing labor as the source of value. The Alleged Bank/Lender ( s ) /Servicer ( s ) did not provide the goods, the NOTE or the labor backing it, did not manufacture the credit represented by the NOTE. None the less, the user of the product, the NOTE representing real value, labor is the buyer of the NOTE through a fraudulent inducement as outlined above, which is the Alleged Bank/Lender ( s ) /Servicer ( s ). The Alleged Bank/Lender ( s ) /Servicer ( s ) as outlined herein has no entitlement, no legal protections without production of the contract exhibiting all the necessary requirements of a contract by operation of law. No contract, no standing. No standing, no claim. No claim, no defense.

Company response to consumer: Closed with explanation