Consumer complaint received 2019-12-26
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: OH
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
To : USAA Federal Savings Bank XXXX XXXX CEO Respondent RE : CONDITIONAL ACCEPTANCE FOR VALUE FOR PROOF OF CLAIM UPON CORPORATIONS CONTRACT, FOR DETERMINATION OF MEETING OF THE MINDS, FRAUD ON THE CONTRACT, AND/OR AN UNCONSCIONABLE CONTRACT AND/OR AGREEMENT FOR COMMERCIAL DISCHARGE Dear Mr. XXXX XXXX, I have tendered Payment to you by Promissory Notes. You have accepted my payment and have not yet have discharged the debt. I have sent you numerous letters and notice of default/dishonor on your part. I have submitted Complaints to The Consumer Financial Protection Bureau. To include XXXX, XXXX, XXXX. You have refused to answer my questions and provide information on my Original Wet Ink Promissory Mortgage note. As the creator of the negotiable instrument which you sold and did not offset the account. I have provided you several tenders of payment and all the laws that provide me the remedy to discharge the debt. You have not provided the contract with your signature or a bank officer 's signature. A contract must have value and consideration to be a valid contract. You have not shown me that you loan me anything. Answer the these questions and provide a affidavit of truth with your bond ( legal full name signature ) that you or USAA FEDERAL SAVINGS BANK loan me something of value. 
I am in receipt of the presentment sent by USAA FEDERAL SAVINGS BANK and I conditionally accept for value ( honor ) your statement for XXXX, dated XX/XX/XXXX. 

It has come to my attention that, as applied to the above matter, there may not have been a true, qualified meeting of the minds- that there may be fraud or misrepresentation on the contract, and/or the contract itself may be an unconscionable contract, or other controversies may exist within this contract/transaction.

As I want to resolve this matter as soon as possible, I am initiating this private, administrative remedy to determine such matters, and I agree to continue making payments predicated upon your proof of claim. 
The necessary Proofs of Claim are set out below, to wit : 1. PROOF OF CLAIM that Respondent gave FULL DISCLOSURE to all matters dealing with said contract as to the U.S. bankruptcy, form of payment, what was loaned, etc. 
2. PROOF OF CLAIM that the agent in sending the undersigned DEMAND FOR PAYMENT OF DEBT letter via US Mail does not constitute a mailing of a fraudulent claim and/or committing mail fraud ( Title 13, Sect. 1331 USC ).

3. PROOF OF CLAIM that Respondent as an artificial entity/creature, created under the laws of the State of OHIO and doing business in the State of OHIO, by and through its officers, board of directors, employees, and agents are not bound to support Article I, X, of the U.S. Constitution that, as a state-created entity, reads, No State shall make any Thing but gold and silver Coin as Legal Tender in Payment of Debts, and that any such thing as gold and silver coin exists as legal tender in payment of debts. 
4. PROOF OF CLAIM that of the value ( substance ) demanded in the DEMAND FOR PAYMENT OF DEBT is in the nature of Valuable Consideration called money and is in compliance with Title 31 UNITED STATES CODE 371 and 12 UNITED STATES CODE 152.

5. PROOF OF CLAIM that Respondent inquired or knew that the undersigned had, or has access to, lawful money of account to pay the contract debt ( s ) at law without becoming a tort feasor. 
6. PROOF OF CLAIM that the undersigned had/has access to money that constitutes LAWFUL ( sufficient ) CONSIDERATION. 
7. PROOF OF CLAIM that the use of a ( Federal Reserve ) Note, or instruments certifying conveyance of Federal Reserve Notes, is not only a promise to pay. See Fidelity Savings v. Grimes, 131 P2d 894. 
8. PROOF OF CLAIM that Legal Tender ( federal reserve ) Notes, or instruments certifying conveyance of Federal Reserve Notes, are good and lawful money of the United States. See Rains v. State, 226 S.W. 189. 
9. PROOF OF CLAIM that Federal Reserve Notes, or instruments certifying conveyance of Federal Reserve Notes, are not valueless. See IRS Codes Section 1.1001-1 ( 4657 ) C.C.H. ( Note : Federal Reserve Bank says Federal Reserve Notes have no value. ) 10. PROOF OF CLAIM that ( federal Reserve ) Notes, or instruments certifying conveyance of Federal Reserve Notes, do operate as payment in the absence of an agreement that they shall constitute payment. See Blackshear Mfg. Co. v. Harrell, 12 S.E. 2d 766. 
11. PROOF OF CLAIM that the undersigned had a meeting of the mind ( s ) with Respondent pursuant to the contract/agreement in respect to full disclosure and that said contract contained or contains no elements of fraud by Respondent. 
12. PROOF OF CLAIM that Respondent did not make their contract/agreement beyond the scope of its corporate powers, and the contract is not unlawful and void. ( see for reference McCormick v. Market Natl. Bank, 165 US 538 ) 13. PROOF OF CLAIM that the Negotiable Instrument Law was not designed to cover commercial paper which IS the currency. La. Stat. Ann. R.S., 71 et. seq. LSA-C.C., Art. 2139 ( refer to the Affidavit of XXXX XXXX ) 14.  PROOF OF CLAIM that Respondent did not loan their credit and that the undersigned IS ONLY OBLIGATED to pay back in something other than like kind, i.e., debt instruments. 
15. PROOF OF CLAIM that the U.S. bankruptcy did not impair the obligations and considerations of contracts through the Joint Resolution to Suspend the Gold Standard and Abrogate the Gold Clause of XX/XX/XXXX as it may operate within the State of OHIO. 
16. PROOF OF CLAIM that the State of OHIO did not adopt, in some capacity, the Uniform Commercial Code and that all transactions included but not limited to courts are governed under the UCC and/or the Negotiable Instrument Law as designed to cover commercial paper which IS currency. La. Stat. Ann. R.S., 71 et. seq. LSA-C.C., Art. 2139.

17. PROOF OF CLAIM that under the Negotiable Instrument Law, commercial Paper not limited to Bills of Exchange are not money ( currency ) in respect to the National Emergency and the Uniform Commercial Code and are not to be accepted to discharge debt. 
18. PROOF OF CLAIM that the undersigned can not accept for value any public or private presentment, invoice, Bill, etc. for fine, fee, tax, debt, or judgment and discharge the same with a Bill of exchange or other commercial paper as necessary to carry on commerce. 
19. PROOF OF CLAIM that Respondent, by and through its employees, knew or did not know that this transaction was beyond the scope of its Charter and that Respondent did not intend to bind the undersigned to an unconscionable contract.

20. PROOF OF CLAIM that Respondent, by and through its employees and agents, did not commit fraud on the contract in respect to the account/contract referenced above in any capacity. 
21. PROOF OF CLAIM that your DEMAND FOR PAYMENT OF DEBT letter does not, therefore, constitute an attempt by Respondent at unjust enrichment. 
22. PROOF OF CLAIM that the commercial instrument or Bill of Exchange tendered was not refused and returned within three days pursuant to Nygaard v. Continental Resources , Inc. ( 598 N.W. 2d 851 ( 1991 ), 39 U.C.C. 2d 851 ) The court held that, under 2-511 ( 2 ), tender of payment is sufficient when it is made by means current in the ordinary course of business, unless the seller demands payment in legal tender. Here, XXXX spoke to XXXX several times after receipt of the sight draft and never requested payment in legal tender. Payment to extend the lease was due by XX/XX/XXXX, and the rejection of the sight draft did not occur until XX/XX/XXXX. XXXX rejection was, thus, untimely and tender of sight draft was sufficient to extend the lease. 
23. PROOF OF CLAIM that the undersigned, as the authorized representative of the Debtor, does not have the standing or capacity to accept for value the offer/contract/presentment and discharge the same via Bill of Exchange or other appropriate commercial paper for discharge via the remedy provided by Congress, XXXX XXXX of XX/XX/XXXX and Public Law 73-10. 

General acquiescence or non-response by Respondent to provide the above Proofs of Claim will constitute agreement and formal acceptance. Respondent will have, by your non-response, to state a claim upon which relief can be granted. Otherwise, it shall operate as general acquiescence relative to this presentment. Respondent will have admitted there is no valid Claim of Action arising via contract and/or compelling the undersigned into an unconscionable contract and that there was no meeting of the minds in respect to the alleged contract. 

You will have formally accepted each and every fact herein as they operate in favor of the undersigned due to your silence, and estoppel is in effect. 

You admit to your non-response to bring forth Proof of Claim in support of a clean hands doctrine, full disclosure, good faith dealing pursuant to the FAIR DEBT COLLECTIONS PRACTICES ACT as it may apply to your presentment in regards to this alleged transaction/contract as referenced above. 

Therein, presumption will be taken in regards to your refusal, failure, default, and dishonor, admission, and confession of injury and damage and failure to state a claim by you, Respondent. This Conditional Acceptance becomes the security agreement under commercial law, or in the alternative, you agree and stipulate that the undersigned can only discharge the demand payment letter/Bill/presentment/etc. with a Bill of Exchange or other commercial paper and that Respondent will accept said instrument as tendered to discharge the debt under necessity. 

Or if the previous instrument ( Bill of Exchange ) was tendered and not accepted, you agree that the matter/account/debt is discharged as an operation of law in tender of payment and/or bankruptcy. 

Due to the time-sensitive nature of this private matter, under necessity, you are to respond with Proof of Claim within ten ( 10 ) days, plus three ( 3 ) days grace granted by return service by certified priority return mail to the undersigneds address and to the Third Partys address below. 

Should you fail or refuse by non-response to provide Proof of Claim within the time frame specified in this private matter, general acquiescence and acceptance will be taken on your part as formally exercised ( performed ) pursuant to your silence. 

This agreement shall have the effect of an instrument under seal.

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