Consumer complaint received 2022-08-10
Company: GATEWAY FIRST BANK
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
Greetings I am XXXX XXXX the natural person the Consumer / assumed Obligor, I was involved in a Consumer Transaction, and I closed on the home on XX/XX/XXXX. and on that day I was told that I would receive the contract. Which was supposed to be on XX/XX/XXXX, 7 days after. 

this is not a refusal to pay, I just want answers to each point in this complaint, why was i not allowed the right to rescission to cancel or rescind this contract when I learned that the property was not in the condition that the 3-hour inspection that I had to pay for, said that it would be? 

water heater outdated how did that pass inspection a/c unit CRACKED LOOK LIKE ITS BEING HELD UP WITH SOME TYPE OF BLACK GOO. but i was not informed i had to find out when i moved in that is FRAUD.

see the images attached. 

Contracts are promises that the law will enforce. Contract law is generally governed by the state Common Law, If a promise is breached, the law provides remedies to the harmed party, they've made multiple mistakes. see attachments Though A few days after signing, I turned on the AC unit, and later that night my ceiling began to leak, I have the text messages from XX/XX/XXXX, of me requesting my contract, I have messages stating that I did not want to move in until that very problem was fixed. I have not received a complete contract with my wet ink signature, instead of a fully disclosed contract or a conformed copy that was to be mailed to me as stated in the security deed, I was sent home with an incomplete warranty deed that had the sellers wet ink signature on it, it did not have my wet ink signature on it. and because i did not have a fully disclosed copy of my contract or a conformed copy as stated on the security deed which I just received a digital copy of on XX/XX/XXXX there is not one rescission of signature form signed by me or the lender dated for the same day as the note, which is XX/XX/XXXX the date of signing, nor was I informed of my right to rescission/rescind or cancel on the house. which I am lawfully supposed to receive upon the day of signing the contract. 

Both XXXX XXXX XXXX and GATEWAY FIRST BANK/GATEWAY MORTGAGE GROUP are requesting monthly payments at the same time for the same property. I have the emails and recordings to prove the mistakes, XXXX XXXX is the so-called lender of the loan ; they sold a promissory note that was not to be sold said by XXXX XXXX XXXX I also found that a trust was fraudulently constructed in my name by XXXX XXXX XXXX listing me as the grantor, but they said the grantor gave away all of its rights why would I agree to that?! I didn't get to read those documents, I have also found in the limited warranty deed that mers was there the whole time it's more proof in the conversation with the ( CFPB Agent XXXX ) that I learned who XXXX  was. I did not get a chance to fully read those documents until XX/XX/XXXX. THEY WERE NOT ALL FULLY DISCLOSED AT SIGNING DAY. and Agent XXXX helped me find out through ( XXXX XXXX  XXXX, that GATEWAY FIRST BANK/GATEWAY MORTGAGE GROUP now has the note and is acting as the servicer over my ( promissory note ) which I also didn't even get a copy of. I was informed by XXXX XXXX XXXX of XXXX XXXX XXXX tried to get the note back from ( XXXX ) approximately on XX/XX/XXXX, but ( GATEWAY ) said " no, not without my consent '', I first filed a complaint with the CFPB against the two mortgage companies that are involved back in XX/XX/XXXX. I have all the evidence of these companies ' depriving me of my rights to full disclosure. Though the CFPB claims they can only help, " if a large number of people report the same issue making the same claim '', that is unfair. GATEWAY FIRST BANK/GATEWAY MORTGAGE GROUP are now trying to expedite the foreclosure process on the home unlawfully ; Regardless of providing me with proof of me having a contract with Gateway Mortgage Group Gateway first bank, I requested a proof of claim. And they have yet to do so, I have yet to receive the original wet ink autographed documents, and I have yet to receive a human signature from gateway mortgage on the same document as mine. The manner in which they are conducting business is unlawful, neither one of the companies can provide verified proof of claim, stating that they gave me anything, Which is in complete civil and criminal violation of the entire truth in lending act 15 USC 1601-1667j ( full disclosure ). 

# XXXX they said on the CFPB complaint that payment was to begin in XXXX but the documents, I received in XXXX say otherwise, I requested that information be disclosed to me for further examination. 
Pursuant to 15 USC 1611- Criminal Liability for willful and knowing violation Pursuant to 12 CFR 226.23 ( b ) ( 1 ) ( i ) Rescission provisions of regulation z Again I have evidence providing the many mistakes made by both XXXX XXXX XXXX and Gateway Mortgage Group / Gateway First Bank XXXX 
including recordings, Text, email, pictures, and documents. that I just opened on XX/XX/XXXX from XXXX XXXX of XXXX Mortgage, delivered quietly on XX/XX/XXXX, XXXX has my number he could have told me he delivered the documents, though this document is not entirely what is required and does not respond to my Notice point for point, and are not in full compliance with Georgia Consumer Protection Division or the previously mentioned Truth in Lending Act.

The definition of contract law : According to contract law, an agreement made between two or more people or business entities, in which there is a promise to do something in return for a gain or advantage, is legally binding. Contract law is the center of many business dealings, and anyone entering into a contract should that failing to abide by the contract, even by mistake, could result in serious problems.

promise 1 ) n. a firm agreement to perform an act, refrain from acting or make a payment or delivery. In contract law, if the parties exchange promises, each promise is " consideration '' ( a valuable item ) for the other promise. Failure to fulfill a promise in a contract is a breach of the contract, for which the other party may sue for performance and/or damages. 2 ) v. to make a firm agreement to act, refrain from acting or make a payment or delivery.

BREACH OF CONTRACT see security deed ( the one i had to purchase per page ) page 55. where it states " 12. notice except for any notice required under applicable law to be given in another manner a any notice to borrow provided for in this deed shall be given by delivering it or by mailing such notice by 1st class mail address to XXXX  at the property address or at such other address as Bower may designate by notice to lender As provided here in.

13. governing law in law ; severability ability. The state and local laws applicable to this deed shall be the laws of the jurisdiction in which the property is located. The foregoing sentences shall not limit the applicability of federal law to this deed. in the event of any provisions or clause of this deed or the note Conflicts with applicable law, Such conflict shall not affect other provisions of this deed or the note note which can be given effect without the conflicting provision and to this end the provisions of this deed and the note are declared to be severable as used XXXX used hair in cost expenses and attorneys fees include all sums to the extent not prohibited by applicable law or limited herein. 

14. Borrowers copy. XXXX shall be furnished a conformed copy of the note and of this deed At the time of execution or after recordation hereof ''. 

I WAS NOT GIVEN A CONFORMED CONTRACT THE DAY OF SIGNING, NOR DID I RECEIVE THE THUMB DRIVE THAT WAS PROMISED, I HAD TO GET THE CFPB INVOLVED FOR XXXX XXXX XXXX, TO EVEN TAKE ME SERIOUS AND SEND WHAT WAS SENT VIA EMAIL. 

Georgia Consumer Protection Division <<<<<< -click the link ( to go to website ) What Georgia says about Canceling a Contract directly from the website.

If a contract qualifies as cancelable, how must this be disclosed to me? 

" At the time the contract is signed, the salesperson must orally explain your right to cancel the contract and must give you : A fully completed receipt or a copy of the contract ( written in the same language as used in the sales presentation ) stating the date of the sale and the merchants name and address. The contract or receipt should state in ten-point bold type that it can be canceled before midnight on the third business day after the transaction took place. This information should be located near the place where you sign your name on the contract, or on the front page of the receipt if no contract was used.

Two copies of the Notice of Cancellation, the form which you send to the company if you decide to cancel the contract. The seller must fill in the date the sale was completed, the name of the merchant, the address to which you would send the cancellation notice, and the deadline for canceling the contract. The notice must also include a full explanation of your right to cancel and what you must do to cancel ''. 

I DID NOT GET THE CONTRACT UPON SIGNING DAY. 
I WAS NEVER INFORMED ON HOW TO CANCEL THE CONTRACT. IF SOMETHING WAS WRONG WITH THE PROPERTY WHICH THERE WAS AND STILL IS. 
I MADE COMPLAINTS TO THE CFPB, OCC, and FTC.

I SENT NOTICE OF RESCISSION THROUGH CFPB, FDCPA Georgia Consumer Protection Division, and THROUGH CERTIFIED MAIL.

Requesting Redress, a Cease and Decis How do I cancel a contract?! According to Georgia Law : " Review the contract to confirm that the three-day cancellation period has not passed. Do not include Sundays or national holidays when counting the three days from the date of your signature.

To cancel the contract, sign and date both copies of the Notice of Cancellation and either mail or hand-deliver one copy to the merchant by midnight of the third business day after signing the contract. Keep the second copy for your records. Since you may need to prove that the cancellation notice was sent on time, you should use certified mail ( return receipt requested ) so that you will have the receipt as proof. If the notice is hand-delivered, be sure to get a signed and dated receipt. You are not required to state a reason for canceling the contract.

Instead of using the Notice of Cancellation form, you also have the option of canceling the contract by sending a letter or telegram to the company within three days. Again, keep a record of when and where you mailed or delivered the notice letter. If the merchant failed to provide a Notice of Cancellation form, you may cancel at any time ; however, once you receive the Notice form from the merchant, you only have three business days in which to cancel.

You have the right to cancel the contract if the cancellation period has not expired, even if the merchant has provided goods or begun the agreed-upon work. In this case, the merchant is not entitled to any compensation ''. 

I did not receive the contract until after my complaint was filed with the CFPB in which I had already exercised my right to rescission/cancellation, I opened the email on XX/XX/XXXX, it said the email from XXXX XXXX XXXX XXXX sent on XX/XX/XXXX. 

A little later, I received a letter from Gateway Threatening foreclosure, stating that HUD from Oklahoma would be a new party involved. 

Keep in mind that the security deed says on pg 55.

" 13. governing law ; severability. The state and local laws applicable to this deed shall be the laws of the jurisdiction in which the property is located ''. 

What happens after the contract is canceled? 

The merchant is entitled to reclaim any goods delivered to you under the contract, and you must make them available for pickup. The merchant is responsible for all expenses associated with the return of the goods. However, if you fail to make the goods available to the merchant or fail to return the goods after you promised to do so, you must pay all obligations under the canceled contract. 

Within ten days after receiving the proper notice of cancellation, the merchant must : Refund your money.

Cancel and return to you any papers that you signed.

Arrange for the return of the product and return to you any trade-in you may have given as part of the sale.

Notify you whether any shipped or delivered goods will be repossessed or abandoned.

Within 20 days after receiving proper notice of the cancellation, the merchant must : Pick up any merchandise you have, or it is yours to keep without any further obligation. 
Reimburse you for any mailing costs incurred to return the products ''. 

They have no proof of Claim! 
Gateway First Bank is acting as my power of attorney without my consent, they are violating my XXXX amendment rights as the Consumer which is says in part " nor be deprived of life, liberty or property without due process of law ''.

this is being done under the Color of Law. 

I have yet to receive an adequate response to my conditional acceptance. 
filed with the CFPB, by Certified mail on XX/XX/XXXX, nor the one sent via the XXXX dispute. 
XXXX mortgage is still contacting me about foreclosure and insurance that they forgot during closing. It is a complete mess. 

Gateway Mortgage is acting as my power of attorney through XXXX XXXX XXXX XXXX. 
15 USC 1692 ( E ) False or misleading representation. The False or misleading information that any individual is an attorney. and a debt collector?! and is also my power of attorney?! how

Company response to consumer: Closed with explanation