Consumer complaint received 2023-08-01
Company: EQUITY LOANS LLC
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Equity Prime Mortgage Fraud on the Consumer TILA Violations and Fraudulent Attempt to Foreclose with no rights. 

Equity Prime mortgage has violated my Rights in several ways 1 ) TILA Violations Failed to disclose required TILA information 2 ) Failed to Disclose that they in fact did not loan me any money 3 ) Sent presentments disguised as Bills soliciting payment for an Alleged Loan when they knew they never loaned any money as No real money exists.

4 ) Failed to acknowledge my rescission of Contract due to fraud and material misrepresentation on their part [ FRAUD VOIDS ALL CONTRACTS ] 5 ) Failed to acknowledge all Cease and Desist notices and continued to harass and defame consumer through credit reporting without responding to request for information 6 ) Equity Prime Mortgage received 2 Negotiable instruments sent registered mail that satisfied the alleged debt and failed to process or return them that immediately discharged any implied obligation.

7 ) Equity Prime Mortgage attempted to foreclose knowing they have no foreclosure rights as they are only a servicer and tried to implement XXXX tactics to fraudulently foreclose as the consumer resides in a Non Judicial state, they combined their efforts to get around their responsibility to prove their claim and steal consumers private property.

8 ) Equity prime mortgage and XXXX  together fraudulently assigned the deed to themselves without any right to do so, since the Contract was rescinded, their rights were revoked and they were put on notice as such. 
9 ) Equity Prime Mortgage purposely and with ill intent to deceive and defraud consumer sent mail to a prior address instead of consumers current address in order to delay their responses while they subsequently attempted to steal consumers property fraudulently, example : all foreclosure paperwork and documents from the foreclosure trustee came directly to consumer at his residence, while all required request for information went to an address consumer lived at 10months ago, as they were hoping to steal the property without ever having to comply with any of the request that would show their fraud. IE : RESPA request, BILLING ERROR notice, Cease and DESIST, BILL Of EXCHANGE, they defaulted on ALL requirements multiple times.

10 ) Equity Prime Mortgage failed to respond to Request For accounting 2x failed to respond to FOIA request 2x, failed to provide a TRUE BILL failed to provide a LEGAL BILL as they dont exist 11 ) Equity Prime Mortgage failed to acknowledge that all debts are prepaid per HJR 192 even when presented with the laws they continue to violate my rights. 
12 ) Equity Prime Securitized the note and once that was done it became unsecured and they no longer has any rights 13 ) Under FAS ( Financing Accounting Standards ) 140, the original lender sold it to the REMIC and forever lost their rights to enforce the note. And heres why : The REMIC holds all the loans together into a pooling and servicing agreement. However, because they chose to avoid the IRS tax rules for double taxing, they pass on the real party of interest/ownership of the asset to the individual shareholders. So neither the REMIC nor the Trustee

may foreclose. The Servicer is Not a Real Party of Interest. The S
ervicer can only collect the money and pass it to the REMIC. Thats the extent of their job. 
Once a loan has been written off, it is discharged. Once a loan has been securitized, reattachment is impossible. 

Reattachment is impossible for the following reasons : 1 ) Permanent Conversion The promissory note had been converted into a stock as a permanent fixture. Its nature is forever changed. It is now and forever a stock. It is treated as a stock and governed as a stock under the SEC. Since the Deed of Trust secures the promissory note, once the promissory note is destroyed, the Deed of Trust secures nothing. Therefore, the Trust is invalid.

2 ) Asset has been written off. Once an asset is written off, the debt is discharged since the owner of the asset has received compensation for the discharge in the form of tax credits from the IRS. The debt has been settled. The servicer acts as a debt collector of an unsecured note. The servicer is deceiving the court, the county, and the borrower when it tries to re-attach the note to the Deed of Trust as if nothing has happened. Its called adhesion. 

3 ) Broken Chain of Assignment under Uniform Commercial Code ( UCC ). 
The promissory note is a one of a kind instrument. All assignments ( much like endorsements on the back of a check ) have to be done as a permanent fixture onto the original promissory note. The original promissory note has the only legally binding chain of title. Without a proper chain of title, the instrument is faulty. 

4 ) The note and the stock can not exist at the same time.

Company response to consumer: Closed with explanation