Consumer complaint received 2023-02-14
Company: Aldridge Pite, LLP
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
FRAUD complaint against XXXX XXXX, Clear Recon Corp, and Aldridge Pite LLP. There are no statute of limitations on Fraud and Fraud vitiates all contracts and everything it touches from the beginning ( United States vs Throckmorton ). After sustaining a few injuries and not being able to work anymore because of a physical disability, Ive been able to read and research more about mortgage fraud happening to me by XXXX XXXX, Clear Recon Corp, and Aldridge Pite LLP. I've been trying to dispute and resolve this since last year and I have attached much of the proof but I have a lot more that I wasn't able to upload here because its a large amount but it's available upon request. I discovered there was never any actual valuable consideration given nor actual loan given. I gradually discovered all this information and that there was a lot of concealment and non-disclosure and Ive seen how fraudulently these companies operate. There are many violations these companies are committing and they are continually reporting negative inaccuracies causing damages to me and damages to my credit reports & public records causing harm and defamation of character violating 15 usc 1681g and 1681a1. They have violated many laws including but not limited to the Privacy Act of 1974, 15 U.S.C. 1681, 15 U.S.C. 1692, the FDCPA Fair Debt Collection Practices Act, the FCRA Fair Credit Reporting Act, RESPA Real Estate Procedures Act, TILA Truth in Lending Act, Regulation Z, & even the highest of laws, including the Maxims of law and Constitutional law. I first sent XXXX XXXX  an email on or about XX/XX/XXXX when the Forbearance period was ending and I got no response. I then sent a certified letter on XX/XX/XXXX requesting validation of debt via certified mail number XXXX. XXXX XXXX  then responded on XX/XX/XXXX, however their attempt to validate the debt did not meet the FDCPA standards. There also was shown a bifurcation/break in the chain of title and the deed did not match the promissory note making the instrument unenforceable yet they are still attempting to foreclose on my home and steal it by filing a Notice of Default in the public records violating FCRA and more. Furthermore, FDCPA codified in 15 USC 1692 stipulates that a debt collector must validate an alleged debt by affidavit, oath or deposition and cease all collection activity until proper validation is provided. XXXX XXXX  failed to cease all negative collection activity and failed to comply with accurate reporting, and further keep violating my rights and are continually reporting negative transactions to the credit bureaus and more. On XX/XX/XXXX, I then sent XXXX XXXX an Affidavit of Truth notarized and titled, Lawful Notice of Affidavit of Truth Conditional Acceptance, with about 50 averments I discovered about mortgages, fraud, unlawful and lawful contracts and more. I served XXXX XXXX  via registered mail through an Administrative Lawful Process, giving them 30 days to respond to my affidavit point by point and according the highest forms of law. Maxims of Law include but are not limited to In Commerce an Unrebutted affidavit stands as truth, and A Declaration after 30 days becomes the final judgment in commerce, and Indeed no more than an affidavit is necessary to make a prima facie case ( United States V Kis, 658 F2d, 526,536 ( 9th cir 1981 ). I sent XXXX XXXX  via Registered mail # XXXX XXXX XXXX  XXXX notarized Affidavit of Truth along with an Estoppel with return signature receipt requested. I received confirmation of receipt in the mail however, there was no response to my affidavit from XXXX XXXX. On XXXX XXXX, via registered mail # XXXX XXXX & XXXX I then gave XXXX XXXX  another chance, in honor, another 10 days to respond and yet they still did not respond to my affidavit & it went unrebutted. They failed to respond to the affidavit altogether therefore tacitly agreeing to all the statements and acquiesced by silence ( see attached ). I then served XXXX XXXX  their final Notice of Default and Dishonor notarized with a True Bill in commerce on XX/XX/XXXX via Registered mail # XXXX XXXXXXXX XXXX XXXXXXXX for over XXXX XXXX dollars in violations of Fraud and more ( see attached ). Silence can only be equated with Fraud when there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading ( U.S. vs Pruden & U.S. V. Twill ) XXXX XXXX  to this day has not responded to any of my affidavits of truth yet continue to criminally trespass on the issued Collateral Estoppel and violate my privacy rights and the laws stated above. On XX/XX/XXXX I responded to a letter that Aldridge Pite LLP, an unauthorized 3rd party sent me, that I did not give my written expressed permission to yet they sent me a letter saying XXXX XXXX  obtained them as Counsel to try to collect information to collect the debt. I responded via certified mail # XXXX letting them know that by operation of Law, XXXX XXXX  has already been put on Notice of Default and Dishonor and are under Collateral Estoppel and are prohibited from any collection activity ; no one, nor third party, can further make a claim as its already Res Judicata on its dispute. Nevertheless, Aldridge Pite LLP continued to criminally trespass on the Estoppel and that as well and sent me another package I received on XX/XX/XXXX that I realized had possibly forged and or fraudulent backdated documents on them. I would like to see the authenticity of those documents, a forensic audit requested may be in order here. Furthermore, if they barely got it transferred in their name in XX/XX/XXXX, how were they sending me and collecting on bills for years before that? A forensic and securitization audit is recommended for proof of all fraud committed. Furthermore they trespassed on the Estoppel I issued XXXX XXXX  on XX/XX/XXXX. Theres so much apparent fraud that needs to be addressed, investigated, audited and looked into here to avoid further violations of my rights, trespass and harm. XXXX XXXX, Aldridge Pite LLP and Clear Recon Corp appeared to have conspired together ( as it can be found Aldridge Pite LLP and Clear Recon Corp share a same address on XXXX XXXX in XXXX XXXX ) They continue to criminally trespass on the issued Estoppel and continually report negative items on all of the credit reports and even public records and are continually issuing threatening foreclosure mail and statements which are in clear violation of FCRA, FDCPA and many of the laws stated above. They further fraudulently filed a Notice of Default on public record XX/XX/XXXX at the XXXX XXXX XXXX records causing me so much emotional stress to me as well as my family and tenants causing harm and defamation of character. They sent out mail to 3 different addresses on XX/XX/XXXX violating my privacy rights and further causing harm. They furthermore keep reporting negative inaccuracies on many 3rd parties and credit reporting agencies including XXXX, XXXX, XXXX, XXXXXXXX XXXX XXXX  XXXX XXXX and XXXX. I then further served all 3 companies via registered mail notarized to XXXX XXXX, Clear Recon Corp and Aldridge Pite LLP on XX/XX/XXXX an Affidavit of Truth and Notice to Cease and Desist via Registered mail # XXXX XXXX, XXXXXXXX XXXX XXXXXXXX & I also sent them a copy of my notarized rescission of signatures for Fraud dated XX/XX/XXXX and noting it goes back to anything signed from XX/XX/XXXX to present including rescission of signatures to MERS and XXXX XXXX  and any versions of their changed names or parenting or affiliated companies and or debt collectors ( see attached ) I tried to call XXXX on XX/XX/XXXX to report the Fraud as well to all 3 credit reporting agencies including XXXX and XXXX and they told me they would investigate it but the results just show that it seems verified and if there is identity theft to call the companies because they may not have a phone number to call me, but they all just continue to report inaccurate reporting causing me defamation of character, harm, emotional distress and more and violating the FCRA and the FDCPA. I have a pile of proof of all this evidence but the file was too large to upload here ( available upon request ; I can email it or mail it to you ). They are actually trying to steal my property and put it in foreclosure when they have no lawful or legal standing and the instruments are defective, fraudulent and are unenforceable according to State and Federal law. Their Fraud must be investigated and handled appropriately and their violations must stop immediately. My Constitutional Rights must be protected and furthermore I should be protected by all the laws put in place including at the Federal and State level including FCRA and FDCPA. According to UCC 9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES ( b ) [ Enforceability. ] Except as otherwise provided in subsections ( c ) through ( i ), a security interest is enforceable against the debtor and third parties with respect to the collateral only if : ( XXXX ) value has been given ; ( no value has been given, no valuable consideration or loan from XXXX XXXX, Clear Recon Corp or Aldridge Pite LLP ) Was the obligor in the mortgage or vehicle consumer credit contract given Valuable Consideration for the Note, Lien from the originator, the beneficiary of the deed of trust, the REMIC depositor or underwriter buyer ( s )?

No? No valuable consideration or loan was ever given and that was not disclosed to me from the beginning. Theres also apparent Securities Fraud involved that should possibly be investigated by the SEC and or the Attorney General. 
Case should be rested and closed here, no attachment under UCC 9-203 ( a ), no enforceability of the Note under UCC 203 ( b ), by any holder-in-due course or holder or non-holder of the Note, such as servicer, trustee, beneficiary of the deed of trust.

read 'Attachment ' UCC 9-203 UCC 9-203 ( b ) enforcement of a lien against the Debtor only if Valuable Consideration has been given to your Debtor THE NEGOTIABLE INSTRUMENT NOTE BEING FORECLOSED ON HAS FORGED ALTERATION AND THEREFORE, THERE IS AUTOMATIC DISCHARGE OF ANY DEBT. 
It appears there has been more fraud and possible forgery with the documents they recorded on XX/XX/XXXX at XXXXXXXX XXXX as it appears to be extremely and unusually backdated to XX/XX/XXXX. I would like to see an audit of that Notaries book of signatures and thumbprints and dates and get aknowledgement of verified notary. It was mailed to me on XX/XX/XXXX. They further didnt give me due process, nor 30 days to respond and they quickly filed a Notice of Default on XX/XX/XXXX fraudulently yet it is in public records for all to see and now XXXX shows pre foreclosure and Im emotionally stressed as I'm now getting harassed daily with constant calls, and mail and its going to all 3 different addresses defaming my character and causing much emotional stress to my family, tenants and I, causing harm.

Per Cal. Civil Code section 1700 ( material Alteration ) & Cal Penal Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION Despite the debt being disputed and made Res Judicata by their silence and non-response and tacitally agreeing to my Affidavit of Truth on XX/XX/XXXX along with a placed Estoppel on that date to hault collection activity and reporting ( see attached ), XXXX XXXX , ALDRIDGE PITE LLP AND CLEAR RECON CORP continually criminally trespass on the Estoppel and seemed to have conspired together and acted in dishonor and bad faith without due process and Fraudulently filing. I have further rescinded all signatures, power of attorney, or beneficiary and/or trustee powers to anyone at XXXX XXXX  XXXX Mers, any and all mortgage companies and debt collectors going back to XX/XX/XXXX and forward for Fraud and have provided them a copy as well as have attached it here ( it is dated XXXX ) Therefore, the Notice of Default filed XX/XX/XXXX by a defunct Trustee is NULL and VOID Nunc Pro Tunc as they have no authority or standing to act as a Trustee. 
I would not have signed any of those fraudulent contracts, Deed of Trust, if there was actual full disclosure and as that was sheer trickery played on me. There was no full disclosure and meeting of the minds to the contract agreement. The bank against me the alleged borrower, constructed the contract without me having all of the same information as per the rules of the contract. Therefore there has been a breach of contract. Making all contracts Null and Void. 
Due to the fact there was no meeting of the minds to the contract prior to the signing of the contract, and that the rules of the contract were deceptive in nature and was designed to benefit one party over the other i.e. to the benefit of the Bank who constructed the contract, this is FRAUD by the misrepresentation of a material fact. Through the rules that dictate contract law, and through the Statute of Frauds, there must be a meeting of the minds of the rules governing the contract or the contract is to be deemed null and void. 
FOR ALL THE ABOVE REASONS, THE attempted FORECLOSURE ACTION BY XXXX XXXX, Clear Recon Corp and Aldridge Pite LLP IS WRONGFUL ILLEGAL, HARMFUL AND NULL AND VOID. IT MUST BE TERMINATED IMMEDIATELY AND NOTICE OF DEFAULT RESCINDED. A FULL SATISFACTION OF MORTGAGE AND RECONVEYANCE OF THE DEED MUST BE RECORDED IN XXXX XXXX XXXX WHERE THE PROPERTY IS LOCATED. 
SHOULD THEY CONTINUE WITH THE WRONGFUL AND ILLEGAL FORECLOSURE, THEY WILL BE INVOICED TRIPLE THE AMOUNT THEY ARE FORECLOSING ON IN DAMAGES. 
I WOULD LIKE TO REQUEST CFPB Consumer Financial Protection Bureau TO INVESTIGATE THE FRAUD THAT IS BEING PURPORTED ON CONSUMERS UNDER THE GUISE OF A MORTGAGE AND TAKE APPROPRIATE ACTIONS TO PROTECT THE UNINFORMED CONSUMERS. Thank you for your immediate help and investigation in this matter to protect me and others against all these violations as a federally protected consumer.

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