Consumer complaint received 2019-10-09
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: OH
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
I am the owner of certain real property which is the security for an alleged loan made by USAA Federal Savings Bank to me. 

In 1933 by an act of Congress ( March 09, 1933 act known as The Emergency Banking Economic Relief Act ) It was determined that all property in the United States is owned by the government, that individual so-called ownership was by allotment. 

Congress also determined that all mortgages in the United States were deemed to be Government Obligations, which come with the guarantee of the United States full Faith and Credit. 
By operation of law the federal reserve in their member banks are permitted to act as middlemen so-to- speak for the United States government, by completing the property paperwork i.e. loan docs, and then forwarding those documents to the United States Treasury of the United States treasury window for credit. 

The United States government not only guarantees those mortgages i.e. Government Obligations, but they have gone one step further, they required insurance on all conventional mortgages in the United States.

My property is insured, I paid the premiums, I paid the insurance premiums and yet I have been defrauded. There has been an active engagement in constructive fraud by the mortgage insurance company and the financial institution and the United States Government against myself as a consumer.

The Consumer protection laws are there to assist individuals such as myself when we are harmed as a result of unscrupulous activities. 

The Mortgage on my loan was not on my home, the mortgage was on the loan the lien was on the home! I believe based on the aforementioned laws that the financial institutions have been duly compensated, in fact our agreement was that the home was not collateral for the loan i.e. I use the loan to acquire a home, and until I acquired the home that was not mine to collateralize, meaning that I could never place something I did not have the ownership rights over as collateral. The mortgage-backed Security agreement permitted and/or allowed the financial institution to trade my property on the market in lieu of payment for the loan. Because the stock market investments are construed as a risk, I agree to allow my home to be used as collateral in place should the financial institution not receive the benefits of such a transaction on the market. I forwarded my interest that was due me as a result of my being a trust interest holder and an investor and the mortgage-backed security, so that those receipts would be applied to the balance of the account, this is not happened.

I also have been giving information that the financial institution has received tax credits and other benefits as a result of charging off the account, yet those credits and or adjustments have not been applied to the account as is cognizable under the Gen. accounting procedure. The failure on the part of the financial institution and or the securitization trustee to keep accurate accounting has resulted in my being harmed, and hereby protest such actions and/ or interactions as a result of it being a violation of my due process rights. 

The financial institution was asked to give a complete comprehensive accounting, I am by law entitled to a complete comprehensive accounting, they have refused to supply.

I have tendered payment on at least three different occasions, and have yet to have the account credited but they ( the financial institution and securitization trustee by and/or through its/their agents ) have placed knowing, false, misleading, misrepresentation, information on the public record defaming me, libeling me, and slandering my reputation, causing myself injury as a consumer, and I do hereby being forth this complaint.

I request that you visually look at my original wet ink promissory note and sign the Affidavit of truth.

All my requests to questions, Proof of Claim, Validation of Debt have been unanswered. Maybe YOU can explain to me why Nobody can provide simple validation. If you have the Original wet ink Promissory Note then sign the affidavit and we can put this matter behind us. Also, who is the holder in due course of the security agreement? As an investor of the of Mortgage Back Security. I have not received any payments or credits to my account. I also, request an accounting of all transactions with this account. 

I also require that YOU provide and SIGN An affidavit that YOU have a Valid Proof of Claim of Debt that a debt is owed USAA FEDERAL SAVINGS BANK on account XXXX. Also Show proof where USAA FEDERAL SAVINGS BANK withdrew the funds that was loaned on account XXXX. 

CERTIFICATE OF NON-RESPONSE RE : Notice of breach of agreement and your Acceptance of Negotiable International Promissory Note on Account Number XXXX. Fair Debt Collection Act To XXXX XXXX in his Private Capacity : Im sending you this letter to inform you of your non-response and your acceptance to my offer of the promissory notes. You have not provided any facts to my questions and have not returned the notes. I have accepted your offers and provided my Exception number to you with my signature. You as the Fiduciary is hereby authorized to release any and all funds and/or assets remaining after the setoff, settlement, and closure of the Accounts to the Principal. I, a man, that is in Honor and have returned all presentments for discharge, set-off for you to balance the accounting of USAA FEDERAL SAVINGS BANK. All commercial Instruments such as promissory Notes, credit agreements, bills of exchange and checks are defined as legal tender or money by the statues such as 12USC 1813 ( L ) ( 1 ), UCC 1-201 ( 24 ), 3-104, 8-102 ( 9 ), 9-102 or ORC 1309.102 ( 9 ), ( 11 ), ( 12 ), ( b ), ( 49 ), ( 64 ). These statutes define a promissory note or security to be Negotiable ( sellable ) because it is a Financial asset. This is necessary because contracts requiring Lawful money are Illegal Pursuant to title 31 USC 5118 ( d ) ( 2 ). I  have provided you with My word, signatures and the Laws providing my exception. If you are a man and not an artificial person, then provide me a sworn Affidavit of truth that the promissory notes are not legal tender according to the Uniform Commercial Code, Ohio Revised Code and Bills of Exchange Act which all corporations are required to perform under. I shall require you do balance the book keeping and provide me a 0 balance on your accounting. Here is the remedy provided by Congress.

June 5, 1933 - House Joint Resolution 192 ( HJR-192 ) "... Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled : That ( a ) every provision contained in or made with respect to any obligation which purports to give the obligee the right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy, and no such provision shall be contained in or made with respect to an obligation hereafter incurred. Every obligation heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any such coin or currency, which at the time of payment is legal tender for public or private debts... '' Congressional Record, March 9, 1933 on HR 1491 p. 83. " 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 100 cents on the dollar, 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. '' In this Act of March 9, 1933, it states in Title 1 Section 1 : " The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March the 4th, 1933, pursuant to the authority conferred by subdivision ( b ) of Section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed. '' If you

went to a law library today and looked up 12 USC ( United States Code ) Section 95 ( b ), you will find this Act still on the books today! " Subdivision ( b ) of Section 5 of the Act of October 6, 1917 ( 40 Stat. L. 411 ), as amended, is hereby amended as follows ; During time of war or during any other time of national emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regula te, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President and export, hording, melting, or earmarkings of gold or silver coin or bullion or currency, by any person within the United States or anyplace subject to the jurisdiction thereof. '' Senate Report 93-549, July 24, 1973, which said : " Since March 9, 1933, the United States has been in a state of declared national emergency. '' " These proclamations give force to 470 provisions of federal law. These hundreds of statutes delegate to the President extraordinary powers exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers taken together, confer enough authority to rule this country without reference to normal constitutional process. '' This report WAS acted upon and the 94th Congress passed : Public Law 94-112 - September 14, 1976 " To terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future national emergencies. '' There was one exception to this act though, in Section 502 ( a ) : " The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder : ( 1 ) Section 5 ( b ) of the Act of October 6, 1917, as amended ( 12 U.S.C. 95a ; 50 U.S.C. App. 5 ( b ) ; '' 18 U.S. Code 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. Please note that this is not a refusal to pay off the account but a notice sent as per the Fair Debt Collection Practices Act ( FDCPA ), 15 USC 1692 ( G ) Section 809 ( B ). This notice states that your claim is disputed and validation of the account is required. This notice is not a request for verification of the account or proof of my mailing address but a request for validation made pursuant to the FDCPA laws. I humbly request that your agency / office sends me valid proof of claim that I am legally obligated to pay you. 1. Validation of the debt ( the actual accounting ) ; 2. Verification of the claim against me ( a sworn affidavit or even just a signed invoice ; and 3. A
copy of the contract binding bo

th parties. I would like to inform you that in case your agency has reported invalidated account information to any of the three
main credit bureaus such as XXXX XXXX, XXXX, XXXXn, then it will be regarded as a fraudulent action under both federal and state statutes. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons : * Violation of the Fair Credit Reporting Act ( FCRA ) * Violation of the FDCPA * Defamation of character If your agency can provide me with the requested documents, I will need a minimum of thirty ( 30 ) days to investigate this information, and during this period of time, all collection activities must be stopped.

I would like to further inform you that if any action is taken during the validation period which could be regarded as detrimental to any of my credit reports, then I will seek advice about initiating a potential lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when, in fact, there is no provided evidence that it is. Also, I request that you provide evidence that I must pay you in anything other than appropriate commercial paper should the debt be proven valid because to my knowledge, the U.S. Congress provided the appropriate solution for me to settle my debts via the remedy in House Joint Resolution ( HJR ) 192 of June 5, 1933.

If your agency / company fails to respond to this debt validation request within a period of ten ( 10 ) days from the date of your receipt of my notice and affidavit, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once, or I will take legal action.

I would also like to request, in writing, that no calls should be made by your agency or company at my residence or workplace. If your agency attempts to make unlimited or computer generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file a lawsuit. All future communications with me should be done in writing and sent to the address mentioned in this letter. Further, any correspondence must be made in the form of a commercial affidavit under penalty of perjury and sent by certified mail. Any other form of service shall be deemed defective upon its face.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records. Any information obtained shall be used for that purpose.

We thank you for you

r time and look forward to your providing the information requested with the next 15 calendar days from the date of receipt of this presentment and/or sooner as required or acknowledge by applicable statute. Thank you for speedy response in helping me to understand my legal and constitutional rights on this issue. AFFIDAVIT OF TRUTH The undersigned bank officers, being duly sworn on oath, deposes and says : That he/she is an officer of the below named financial institution, a nationally chartered commercial bank or lending institution or organization purchasing promissory notes, hereinafter called bank. That, as an officer of
the bank, he/she has the authority to execute this affidavit on behalf of the bank and to bind the bank to its provisions. It is understood that an exchange is not a loan. It is understood that the borrower 's promissory note is not used to fund any check. It is understood that the bank does not record the promissory note as a bank asset offset by a bank liability. It is understood the bank complies with and follows the Federal Reserve Bank 's policies and procedures. It is understood that the bank does not use the same or a similar bookkeeping entry to record the promissory note as a loan to the bank. It is understood that when banks participate in granting loans the economic effect is not the same or similar to stealing, counterfeiting, or a swindle. Banks who follow the Federal Reserve Bank 's policies and procedures deny customers neither equal protection under the law, nor money, nor credit. The bank fully discloses to each and every borrower all material facts concerning if the borrower provides the funds to issue the bank loan check or if other depositors or investors fund the bank loan check. It is understood that the one who funded the loan should be repaid their money. It is understood that cash is the money and a bank liability indicating that the bank owes cash. I agree that if I have made a false statement regarding bank loans, then any and all loans or alleged loans issued or purchased at the bank are forgiven, without recourse, and shall immediately be considered null and void.

Signed under penalty of perjury.

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