Consumer complaint received 2022-03-29
Company: Freedom Mortgage Company
State: GA
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
i am XXXX, XXXX XXXX, Consumer, authorized representative for the Original creditor, the XXXX XXXX XXXX XXXX. i am submitting this complaint in regards to the account ending in XXXX with FREEDOM MORTGAGE CORPORATION. FREEDOM MORTGAGE CORPORATION is in violation of Title 15 of the United States Codes, in regards to a collection of a debt and extension of consumer credit. They have engaged me with communications that are false, misleading and use obscene language, written with the intent of harassing, annoying and oppressing my NAME, reputation with the credit bureaus, and my mental state. Their contract was originated in fraud due to a lack of full disclosure, deeming the contract null and void. I have sent multiple affidavits to FREEDOM MORTGAGE CORPORATION without PROPER response. I have asked them to explain to me what type of " account '' FREEDOM MORTGAGE CORPORATION, has set up in the name of the XXXX XXXX XXXX XXXX, they have failed to provide a PROPER response. 

Pursuant to 15 U.S. Code 1693a 2 ) the term account means a demand deposit, savings deposit, or other asset account ( other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602 ( i ) [ 1 ] of this title ), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement ; Pursuant to15 USC 1602 ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. 

I am confused as to which I have because the definition of " account '' excludes " incidental credit balance in an open end credit plan. These material facts have been omitted from their Deceptive credit application. This has led to my identity being stolen, my reputation being ruined with the credit bureaus, and mental anguish that has severely impacted my personal and family life. 

Pursuant to 15 U.S. Code 1631 ( a ) a creditor or lessor shall disclose to the person who is obligated on a consumer lease or a consumer credit transaction the information required under this subchapter.

Pursuant to 15 U.S. Code 1635 Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. 

It is obvious, the intent of the designer and furnisher of this form is attempting to prevent me from making an informed use of my credit pursuant to 15 U.S. Code 1601 by omitting these material disclosures which is a violation of the Fair Debt Collection Practices Act and Truth In Lending Act. This contract shall be deemed void and unconscionable I was also not made aware that it is a possibility that my account could be securitized, bundled together with other credit accounts and placed in the XXXX XXXX XXXX XXXX XXXX and to be sold on the market. 

The actions of FREEDOM MORTGAGE CORPORATION, are not alone violations of civil laws, they are also criminal as they are guilty of theft by conversion. They have lawfully obtained possession to the personal property/information ( XXXX XXXX XXXX XXXX ) of XXXX, XXXX XXXX XXXX XXXX, and possibly converted the property into funds for their own use and without the individuals permission. It was not possible for me to make this decision as I was not given all of the material disclosures required to establish a valid contract I am demanding a sum of {>= $1,000,000} for FREEDOM MORTGAGE CORPORATION transgressions against XXXX XXXX XXXX, Consumer and the XXXX XXXX XXXX XXXX. I am also demanding all derogatory remarks be removed with the credit bureau, and any other account or TRUST that derives any funds from the XXXX XXXX XXXX XXXX XXXX, be exposed and all proceeds from said accounts due payable to XXXX, XXXX XXXX, Consumer. I expect quick resolution of this issue as it seems to be an ongoing issue with this financial institution. If it is not properly handled they will continue to violate consumer.

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