Consumer complaint received 2017-11-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem with paying off the loan

Complaint:
BANK OF AMERICA XXXX XXXX XXXX XXXX XXXX XXXX XXXX Illinois XXXX XXXX XXXX Account number This constitutes an Official Notice in accordance with the Fair Debt Collection Practices Act and the Truth In Lending Act, that I hereby Dispute the debt in the above referenced account. 
It has come to my attention that there may have been some accounting irregularities in this account which have adversely affected me. In reviewing the account it has come to my attention that fraud and/or other violations of public policy may have occurred in the operation of this account, therefore, I will be conducting discovery to determine the true facts in this matter. This constitutes the exhaustion of my administrative remedy, in accordance with the XXXX XXXX XXXX, as concerns the above referenced matter. 


This discovery process has been presented under Notarial Seal for the purpose of certifying the admissions, confessions and stipulations of the Parties, to create a public record thereof, via the issue and filing of an Administrative Declaratory Judgment, by Notarial Protest. Said Administrative Declaratory Judgment is issued under statutory authority and under the authority of the Secretary of XXXX, acting as an agent of the Department XXXX XXXX, and carries the power and authority as if issued by the highest court in the land. Said Judgment constitutes res judicata, star decisis, collateral estoppel and judgment by estoppel. 


Please take note that this discovery process has been served under XXXX XXXX and valid subpoena establishing your mandatory obligation to timely respond and/or rebut the following, point by point and line by line, verified true, correct and complete, signed, sworn to and notarized in affidavit form and to provide certified copies of the requested documentation. 

Please respond and/or rebut the following, point by point and line by line, in affidavit form, and provide documentary evidence to support your claim. 


o oIt has come to my attention that since XXXX, when XXXX XXXX XXXX took all of the gold and silver out of circulation, that we have no currency of value or substance with which to pay a debt. Our economic system operates on credit and debt. If we have no currency of value or substance in circulation today, then one must wonder, what did the Bank loan me? It is unlawful for the to bank loan me their credit. 
So, what did the bank loan me? 
What value/substance did the bank loan me? 
Please provide the evidence that the bank loaned me anything of value. 


o o When purchasing I placed my signature on a Promissory Note which I gave to the bank in XXXX XXXX. XXXX XXXX Note had no value prior to my placing my signature on it. Did it not? There are no other signatures on said Promissory Note, therefore, it was my signature that gave the value to the XXXX Note which I gave to the bank in XXXX XXXX. Was it not? 


o o Since XXXX the United States has operated upon the good faith and credit of the XXXX people, not the good faith and credit of the Banking industry. Has it not? The government, including the government sanctioned corporations, institutions and banks, have no authority to create money. Only We the XXXX people can create money. We the XXXX people are the originators of the money and are therefore the Creditors. Are we not? 
o When I placed my signature on the XXXX Note, giving value to the Note, I was the originator of the funds and, therefore, the Creditor of the transaction. Am I not? 
o Illinois XXXX section XXXX XXXX b ), and other similar state codes, define a Promissory Note as a security. Title XXXX section XXXX ( L ) ( XXXX ) states that when one deposits a Promissory Note it becomes a cash item. Illinois XXXX at section XXXX states that I have a right to restitution and rescission if the bank sells an unregistered security. 
o It has come to my attention that the XXXX Note which I executed is an unregistered security and that it may have been sold, traded or assigned in violation of state statutes. Please provide me with a certified copy, front and back, of the original XXXX Note which I signed and presented to the Bank in this transaction and the lawful authority which authorized the Bank to engage in the sale of an unregistered XXXX, in this transaction. Your failure to provide me with documentary evidence of the lawful authority shall constitute your stipulation that no lawful authority exists and your tacit confession to the unlawful sale of an unregistered security in violation of state statute. 
It has also come to my attention that the after I signed my signature that the Bank deposited said Promissory Note as a cash item and ledgered said Note as a liability in the banks Payables Account and identified ME as the Creditor in the account. Did they not? It is also my understanding that the bank, in accordance with XXXX, ledgered the XXXX, as an asset in the banks Receivables Account and identified ME as the debtor in the account. Did they not? It is further my understanding that because I failed to see through the banks carefully designed illusion and instruct the bank to make the financial adjustments to zero the account in the set-off, the bank posted their liability/my asset in their XXXX Account as an off balance sheet entry and after a period of time the funds were claimed as abandoned funds. Were they not? It is also my understanding that the international accounting system called XXXX XXXX XXXX XXXX XXXX have been fully implemented ; that off balance sheet accounting is unlawful, and that all banks and lending institutions must be in compliance therewith. Are they not? Please provide documentary evidence that you are XXXX XXXX & XXXX compliant. UCC XXXX ( a XXXX & XXXX XXXX XXXX and UCC XXXX ( a ) ( c ) makes it clear that I was the Issuer, Drawer, Maker of the Note that I executed, giving it value, at the closing, while XXXX XXXX XXXX ( XXXX ), ( XXXX ), XXXX XXXX ) and UCC XXXX leaves no doubt that I am the holder of the entitlement right to the funds. I am the Creditor and entitlement holder with the authority to issue Entitlement Orders as concerns this transaction and/or this account. Am I not? 
o The Bank registered the Loan but did not register the Note, therefore, the Note is an unregistered security in accordance with the XXXX and XXXX Banking XXXX. Is it not? Please provide me certified copies of the accounting of the Promissory Note that I executed at the closing, to wit : the Accounts Receivables and Accounts Payables ledgers of this Promissory Note. 
Please provide me a certified copy, front and back, of the original XXXX Note as well as all assignments of the Note. 
I request, in the nature of a Demand in Recoupment, that the Bank merge the Accounts Payables with the Accounts Receivables Account to zero the account in accordance with XXXX and Public Policy and/or provide me with documentary evidence that authorizes the Bank to conceal said funds for the purpose of dispossessing me of said funds. Your failure herein shall constitute your admission that no valid authority exists and that the Banks operation of this account is unlawful and fraudulent. 
Your failure to timely respond and/or rebut the foregoing, point by point and line by line, in Affidavit form, shall constitute your admission and stipulation to the stated claims and establish the evidence as a matter of fact. Your failure to respond, a partial response, or a non-responsive response shall constitute a dishonor and your agreement and stipulation to the facts as set forth herein. Your failure to respond in affidavit form, signed, sworn to and notarized and/or your failure to provide certified copies of the requested documentation shall constitute you a dishonor and shall result in the issue of a Declaratory Judgment, by XXXX, certifying the stipulation and agreement of the Parties. Said XXXX judgment, by XXXX XXXX is as binging on the Parties and their privies as if issued by the highest court in the land and constitutes res judicata, star decisis and an estoppel. 
Respondents failure to respond shall constitute your agreement that the process is free of error and/or omission, lawful or otherwise, having had the opportunity to respond and provide documentary evidence in affidavit form, and choosing to demur and stipulate to the facts as set forth by XXXX creating a binding contract between the Parties.Your dishonor constitutes an estoppel and your voluntary waiver of all rights and remedies that may otherwise exist and your agreement to confess judgment in this matter. Executed this day of XXXX XXXX 21 days to respond from this date received if Bank Of America do not respond or settle this matter it will result in a civil lawsuit being filed against Bank of America. 
XXXX XXXX my property was unlawfully repoed by your institution and cost me in wanted fees by third parties that you hired to repo my property. 


by XXXX XXXX

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