Consumer complaint received 2023-10-29
Company: Specialized Loan Servicing Holdings LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Loan sold or transferred to another company

Complaint:
Tender of payment was made by way of a bills of exchange bank check in the form of a negotiable instrument in the amount of {$89000.00} to fully satisfy this account. Per your statement a bank check is an acceptable form of payment. Here are the legal references that support the payment sent to you was a valid and lawful bank check negotiable instrument : XXXX. TENDER OF PAYMENT. 
( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 
( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. 
Supporting lawful references in regard to bank check negotiable instruments : HJR-192 UCC 3-501 UCC 3-305 18 USC 8 UCC 3-104 31 USC 3123 UCC 3-419 UCC 1-308 As per your response since XXXX XXXX is the current creditor and current note holder why is the Lien on the property with SLS and not with XXXX XXXX? 


You stated that SLS is a third-party mortgage loan servicing and is not the owner/investor of the loan. If SLS is NOT THE OWNER OR INVESTOR of this loan why does SLS hold a lien to the property? 

( Black 's Law Dictionary ) XXXX XXXX legal right or interest that a creditor has in another 's property, lasting usually until a debt. or duty that is secures is satisfied. ( Black 's Law Dictionary ) ( Black 's Law Dictionary ) Creditor One to whom a debt is owed ; one who gives credit for money or goods. A person or entity with a definite claim against another.

( Black 's Law Dictionary ) Lienholder A person having or owning a lien. ( Blacks Law Dictionary ) Where is the original note? Why doesnt the note have a certified original copy stamp, but the security deed does? Please advise who is the current holder of the note and send an original copy of the note with more than one signature displaying the contract is binding.

For SLS to provide proof that Fannie Mae is currently the holder of my ORIGINAL note that contains my wet ink signature and to provide a true certified copy of the original note signed and dated by a notary public.

For SLS to explain why they hold a lien on my property when Fannie Mae is the current creditor.

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