Consumer complaint received 2018-07-01
Company: Seterus, Inc.
State: IL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am filing a formal complaint against the following corporate entity : XXXX XXXX XXXX XXXX - Debt Collectors XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX XXXX XXXX XXXX XXXX willfully and Knowingly Filed a Fraudulent Complaint without a lawful contract and submitted Counterfeit and forged Documents on behalf of XXXX XXXX and to date even though they are in violation of the statute of limitations they continue to perpetuate the fraud. 

They submitted more than 2 differently altered and forged Notes obtained by fraud and belonging to a deceased corporation ( XXXX XXXX ), fraudulent lost note affidavit, fraudulent assignments, notaries fraud and Robo signers fraud. 

I was not properly served by the Debt Collectors. 

They ignored motion for XXXX XXXX. 

XXXX XXXX XXXX XXXX XXXX ignored Jury Demand. 

They ignored and violated court orders. 

Federal Complaint Case No. XXXX and Case No.  XXXX XXXX XXXX and their corporate clients defaulted. 

Their complaint alleges causes of action for breach of contract to which to date lacks evidentiary support. Standing is lacking as well as jurisdiction. 

The Debt Collectors filed in court a foreclosure complaint for their client XXXX XXXX on XX/XX/XXXX, with No Contract, no business address, no business phone and fax number. There was no account number attached to their frivolous complaint. 

They have provided a complete lack of evidence to their complaint during and over the two years period of proceedings and are in violation of the Truth In Lending Act ( TILA ), 15 U.S.C. 1601,  FDCPA, FCRA, SEC and FDIC. 

XXXX XXXX, SETERUS, XXXX XXXX XXXX, XXXX   XXXX XXXX and their accomplice XXXX XXXX XXXX XXXX are administrative agencies under the Administrative Procedure Act have fraudulently created a fictitious Real Party in interest to initiate an unjust action against the private property of the Real Party in interest. They are guilty of fraud upon the court, unlawful harassing phone calls threatening arrest, fraudulent conversion, collusion and misprision of felony. 
XXXX XXXX XXXX XXXX is also guilty of misprision of felony and must be disbarred. 
18 U.S. Code 4 - Misprision of felony. In addition to the penalties of 18 U.S.C. 4, a licensed attorney in violation of section 4 must face immediate disbarment. 

XXXX XXXX XXXX XXXX XXXX turned a blind eye to the evidence of fraud and was complicit. He never enforced administrative agencies court orders to provide proof of debt. 
XXXX XXXX, SETERUS, XXXX XXXX XXXX, XXXX   XXXX XXXX and their accomplice XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX acted outside the jurisdiction of the laws. 

XXXX XXXX and XXXX XXXX to date are in violation of court order dated XX/XX/XXXX to show Orignal Note and Mortgage Contract. ( copy included in documents submitted ) Assignment and endorsement of the note must be effectuated before foreclosure is filed because their client XXXX XXXX must have standing at that time : Standing can not be acquired after suit is filed. As Debt Collectors XXXX XXXX XXXX XXXX are fully aware. Standing is lacking as well as jurisdiction. 

The Debt Collectors knew that XXXX XXXX is not the named mortgagor that is described in the alleged copy Note attached to its complaint. They also knew that XXXX XXXX used fraudulent documents to attached their name to the mortgage. 

They have not provided information and evidence as to the lawful transfer of ownership of the mortgage, not even a signed agreement or contract transferring the right to foreclose to them. Without a lawful Original Note, Deed of Trust and mutually signed contract ( with wet ink signature ), XXXX XXXX have no standing. 

The counterfeit XXXX mortgage assignment submitted by XXXX XXXX and their Debt Collector was issued in XXXX and signed by a notary from XXXX ( Robo signer ) and missing Assignee signature. 

The Debt Collectors and XXXX XXXX lacks first hand knowledge about the mortgage and are in an untenable position as they have not met their burden of proof. 

These Debt Collectors have intentionally ignored all Court Orders and have gone around in circles so as to avoid submitting evidence that is paramount to their attempt to foreclose on a property not belonging to their client XXXX XXXX. 

The Supreme Court of the United States of America said : Evidence not presented is considered not to exist. They are in violation of the statute of limitations. 

The Debt Collectors must demonstrate that their client XXXX XXXX had possession of the note and that the transferor was the holder at the time of the transfer to the transferee in order to enforce the note. 

Therefore I claim all rights and protections provided for in Law, starting with the Verification of Debt under the Fair Debt Collection Practices Act and under TILA.

The Debt Collectors attaches documents to the complaint that conflict with the allegations of material facts in the complaint in which the XXXX XXXX claims that they owns the Note and Mortgage by virtue of an unrecorded assignment that does not allege when the assignment occurred. 
Unable to prove, the Debt Collectors perjured themselves and submitted a document ( exhibit J ) claiming that I Closed with XXXX XXXX the same day I Closed with XXXX XXXX on XX/XX/XXXX. ( the original lender - account number XXXX ) XXXX XXXX - REPEATEDLY Reported false information to XXXX and XXXX Credit Bureaus. 
Date of first delinquent reporting was on XXXX, XXXX. Manufactured Foreclosure was also reported. INVASION OF PRIVACY violation and MORTGAGE FRAUD, FRAUDULENT CONVERSION AND IDENTITY THEFT. 

SETERUS - REPEATEDLY Reported false information to XXXX   and XXXX Credit Bureaus. Date of first delinquent reporting was on XX/XX/XXXX. Manufactured foreclosure was also reported. They are guilty of INVASION OF PRIVACY, MORTGAGE FRAUD, FRAUDULENT CONVERSION and IDENTITY THEFT. 

According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) (  A ), They are required by federal law to verify, through the physical verification of the original signed consumer contract on any and all credit accounts. The Supreme Court of the United States of America said : Evidence not presented is considered not to exist. 

As a result of these deficiencies, XXXX XXXX have failed to state a cause of action and to date failed to validate the debt with the original note and mortgage contract. 

I have been receiving harassing and threatening phone calls and voicemail messages are saved. 

They have demonstrated the lengths they will go to continue their unethical conduct. 

XXXX XXXX, SETERUS, XXXX XXXX XXXX, XXXX   XXXX XXXX and their accomplice XXXX XXXX XXXX XXXX are in violation of XXXX Consumer Fraud Act, and Deceptive Business Practices, 815 ILCS 505/1, et seq.

Federal violation of Unfair and deceptive collection practices 15USC1692. 

United States Code Sec 471 : Obligations or Securities of the United States Whoever, with intent to defraud, falsely makes, forges, counterfeit, or alter any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both. Willful Violation. 

United States Code Sec. 473 : Dealing in counterfeit obligations or Securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with intent that same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years or both. Willful Violation. 

Under FDIC regulations : DOCUMENTATION AS EVIDENCE.In any action involving a consumer, any documentation required by this section to be given to the consumer which indicates that an electronic fund transfer was made to another person shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made. https : XXXX Proof was not provided. Willful Violation. 

An additional formal complaint will also be filed in the Supreme Court for sanctions and damages.

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