Consumer complaint received 2017-11-24
Company: Aldridge Pite, LLP
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Notification didn't disclose it was an attempt to collect a debt

Complaint:
This Complaint is filed because XXXX XXXX XXXX. Is attempting a non-judicial foreclosure on a security deed that is not ATTESTED per Georgia Statute, thus a nullity. the security deed is not a valid instrument and does provide an interest in my property and is not actionable in that it is time barred as well, and if allowed to continue will materially violate federal consumer financial law, and cause direct harm to us as consumers. the scale is schedule to take place XXXX XXXX, XXXX. 

1. We believe that supervisory or enforcement actions must be taken to prevent the violations of O.C.G.A 44-5-30 and O.C.G.A. 44-2-15. There is no recorded instrument perfecting an interest in our property because two statutory requirement was never satisfied by the loan originator. The deed contract by law is a nullity. 

2. XXXX XXXX XXXX., in its foreclosure notice schedule for XXXX/XXXX/XXXX never recited the FDCPA MIRANDI as specified in the Act. Furthermore, XXXX XXXX XXXX., failed to ever recite the Initial FULL MIRNDA that is required by in the collectors initial contact. see EXHIBIT-2A 3 XXXX XXXX XXXX, failed to comply with the requirements the FDCPA where it failed to inform us that of our right to dispute the collection notice with the alleged lender. see EXHIBIT-2A 4 XXXX XXXX XXXX., while operating under color of law, is attempting to unlawfully files or causes to be filed with the official registrar of deeds of XXXX County state Georgia XXXX document XXXX XXXX XXXX. knows to contain a deliberate misstatement. misrepresentation, or omission, in violation of O.C.G.A. 16-8-102 Residential mortgage fraud statute. 

5 Whereas, It is unlawful for any person, through a pattern of racketeering activity or proceeds derived there from, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money. See ( O.C.GA. 16-14-4. Racketeering, Prohibited activities. ), XXXX XXXX XXXX and SPS Inc. has a duty imposed by law to reframe from the criminal and civil violations of the laws cited below.
6 On XXXX XXXX, XXXX, a non-judicial Foreclosure is scheduled to take place conducted by XXXX XXXX XXXX. which is in violation of Georgia criminal law and consumer financial laws that are enforced by the CFPB. 

7 Be advised that the security deed at EXHIBIT-1A at page 16 was never attested or acknowledged as called for by statute. Whereas, It was never indexes by Georgia XXXX Court Clerks ' XXXX XXXX, and by law, a deed that is not properly attested or acknowledged is ineligible for recording, and may be rejected by the clerk of the court, or, even if recorded, will not serve as constructive notice. XXXX v. XXXX, 157 Ga. 823, 122 S.E. 694 ( 1924 ). also see XXXX XXXX XXXX XXXX, XXXX XXXX. S10Q1564. Decided : XXXX XXXX, XXXX. 
8 Georgia deeds executed prior to XXXX XXXX XXXX had two statutes regarding deed execution that must be taken together to ensure the documents are entitled to recording. O.C.G.A 44-5-30 requires 2 attesting witnesses for the signature. That means two witnesses that actually see the signor execute the document. O.C.G.A. 44-2-15 requires that one official witness ( usually a Notary ) attest to the document. The Notary can act as your 2nd attesting witness in addition to acting as your official witness. By its own wording, an acknowledgment states that the signor merely acknowledged that the document was signed, but does not have the necessary language for the notary to act as the 2nd attesting witness. consequently the security deed shown in EXHIBIT-1A at page 16, clearly shows the signature page of the security deed was not executed and is not executed in compliance with O.C.G.A 44-5-30 and O.C.G.A. 44-2-15.
9 An acknowledgment by a notary public does not obviate the necessity of attestation by two witnesses, whether the instrument is signed in Georgia or in another jurisdiction. Further, Georgia has no Savings Statute, and  therefore, a defectively executed document provides neither constructive nor inquiry notice to a bona fide purchaser. There are two fairly recent Georgia 10.1 10. Supreme Court opinions that illustrate cases where a bankruptcy trustee was allowed to avoid defectively executed security deeds despite actual notice.
11. Please note that according to Exhibit-1A, which is a 20 year title Search report, the current deed is the warranty deed, and no other deed is recognized as a security instrument in the chain of title. Furthermore, the federal one year
TILA/Reg. Z rescission statute of limitation to recover debt has expired, see Revocation of Power of Attorney in EXHIBIT-1A. Also note that the Georgia 4 year and 6 year statute of limitation has also expired on the transaction in question.

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