Consumer complaint received 2022-05-02
Company: Home Point Financial Corporation
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
AFFIDAVIT OF TRUTH, MORTGAGE FRAUD, SCAM! Privity of contract for Loan # XXXX : XXXX XXXX, Home Point Financial XXXX XXXX , PrivitXXXX of contract for Loan # XXXX : a contract that exists only between the parties no third party can enforce or obtain rights contained within a contract or buy or sell a contract without the express permission of the original parties.Violations of TILA, Intentional Fraud and GROSS MISREPRESENTATION. XXXX XXXX  on behalf of XXXX  XXXX  ( " LENDER '' ) keep making demands for payment and send a letter dated XX/XX/XXXX stating " in default '' but refuse to show where they have legal and lawful authority to make demand payment. 

Notice of Lein. This Notice of Lien is to recoup the exact value of the NOTE {$95.00}, XXXX OF DEBT plus the illegally collected debt in the amount XXXX monthly mortgage payments since XXXX as of the date of this notice currently on XXXX XXXX SOCIAL SECURITY # XXXX, INTEREST RATE OF ALLEGED DEBT. This injury and harm to the person will be offset in the exact amount illegally collected as compensatory damages. To get a Satisfaction of Lien and dismissal of current and future court actions, simply delete all remarks from credit reports of the XXXX XXXX. In addition, email XXXX to arrange pick up of documents. No mail will be accepted except email. No service of process will be granted. 

Please mark this matter as urgent. I hereby attest to the facts that full satisfaction of all claims, debts, loans and obligations have been attained and I am making a formal request for a Letter of Lien Release regarding the loan # XXXX above captioned mortgage and Note. Thank you for your courtesy and consideration. I eagerly await your response regarding this matter within XXXX business day from received of Notice of LEIN. 

" Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading... We can not condone this shocking behavior... This sort of deception will not be tolerated and if this is routine it should be corrected immediately. '' -- U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032 ; Carmine v. Bowen , 64 A. 932. 

An unrebutted affidavit is presumed to be true and Respondent ( s ) is/are required to timely respond to and to rebut the truths expressed in each paragraph, categorically and on a point for point basis with an affidavit that is signed and sworn to on respondents commercial liability and witnessed by a third party public witness, e.g. notary public, or other person qualified to attest to foreign bills or the matters expressed in this affidavit that rebuts this affidavit, or the truths expressed in this affidavit shall constitute the final truth and commercial judgment. 

Failure to disclose, unjust enrichment, misrepresentation and fraud on the consumer. I accept payment in the amount of {$96000.00} same amount as your fraudulent alleged debt {$96000.00}. Plus the illegally collected debt in the amount XXXX made payable to XXXX XXXX, at my address XXXX XXXX XXXX  XXXX FL XXXX or contact me for wire transfer information XXXX. XXXX XXXX all previous agreement amount will be void and Affiant will sue XXXX XXXX  for actual damages of {>= $1,000,000} In order to avoid legal action, I demand payment no longer than due date XX/XX/XXXX. 

XXXX Mortgage have caused XXXX XXXX, XXXX XXXX and family suffering, mental, emotional distress and damages continuing at the present time. XXXX XXXX XXXX Desir and family has been injured. This damages my reputation intentionally, recklessly and with malice, spite and ill will. Affiant will further pursue all of my legal remedy without further notice to debtor. This letter serves as evidence that affiant creditor has attempted to resolve this matter formally before filing court case. It would be unjust to allow XXXX XXXX  who made false representations to retain the fruits of a bargain induced by such representations. Whipp v. Iverson, 43 Wis 2d 166. 

REFUSED FOR CAUSE WITHOUT DISHONOR ; XXXXCC 3-501 ; 2-207 ( 2 ) ( C ).

FRAUD ; I DO NOT CONSENT ; CRUDEN V. NEALE, 2 N.C 338 ( 1796 ) 2 S.E ; CEASE AND DESIST ALL COLLECTION ACTIVITIES! in accordance with UCC 1-308 ; ALL RIGHTS RESERVED ; WITHOUT RECOURSE! 

Fraud, deliberate concealment of material information. 15 U.S C 1692K Civil liability. Civil liability for willful noncompliance. 15 U.S.C. 1681o - U.S. Code - Unannotated Title 15. Commerce and Trade 1681o. Civil liability for negligent noncompliance. 15 U.S. Code 1640 - Civil liability with respect to any failure to make disclosures. 15 U.S.C. 1611 - Criminal liability for willful and knowing violation. Im a federally protected consumer, I will demand discovery and a trial by jury. 

I demand XXXX XXXX  on behalf of XXXX  XXXX  ( " LENDER '' ) to answer my AFFIDAVIT OF DEFAULT, ESTOPEL AND PARTS OF A CONTRACT. Attached. FRAUDULENT letter dated XX/XX/XXXX stating " in default ''. Attached Sent certified mail return receipt to all companies involved with FRAUD! XXXX XXXX  XXXX : XXXX XXXX XXXX XXXX XXXX XXXX N.W. XXXX XXXX. 
XXXX  XXXX, Oklahoma XXXX certified mail return receipt # XXXX CC : Home Point Financial XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX certified mail return receipt # XXXX CC : FHA XXXX XXXX XXXX, XXXX XXXX XXXX XXXX  DC XXXX XXXX mail return receipt # XXXX CC : XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX Address XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX certified mail return receipt # XXXX XXXX  XXXX XXXX XXXX XXXX MI XXXX certified mail return receipt # XXXX

Company response to consumer: Closed with explanation