Consumer complaint received 2021-03-03
Company: E*TRADE BANK
State: VA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX XXXX, ( XXXX ) XXXX XXXX XXXX XXXX. 
XXXX XXXX, CO XXXX E*TRADE Bank XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX VA XXXX Please take notice as follows : 1. Authority : That this Notice of Dispute of Alleged Debt ( Notice of Dispute ) is sent to you pursuant to Title 15, United States Code Annotated ( U.S.C.A ) 1692 et seq, known as the Fair Debt Collection Practices Act ( FDCPA ), the legislative purpose of which is to protect consumers from abusive, deceptive, and unfair debt collection practices by debt collectors, including alleged E*TRADE Bank , ( XXXX ) XXXX XXXX XXXX, ( XXXX ), and XXXX XXXX, ( XXXX ) and its alter egos acting as a vehicle for FRAUD for these alleged creditors in this CIVIL THEFT ; 2. Your notice of default/debt collection letter dated : XX/XX/XXXX : That we have received on XX/XX/XXXX and read your debt collection letter referenced above, identifying yourself as Servicer and its agent and falsely stating the XXXX and XXXX as Debt Collector of the above-reference false creditor, wherein you allege that we have a debt obligation to the alleged creditor referenced above. 
1 ) Your letter dated XX/XX/XXXX, falsely stated that, the above referenced mortgage account is delinquent ( your ltr. para 1 pg.1 ) Please note that the above referenced loan was rescinded, and your status was changed from secured to unsecured, and was discharged in Bankruptcy Cases. There is no default and you are forever barred to collect on a discharged loan. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of 524, which forever prevents XXXX, XXXX XXXX, and XXXX et al from collecting a discharged debt. 
2 ) For your information we disputed this debt with XXXX, and XXXX asked for verification and validation of the alleged debt, via Certified Return Requested Mail Number XXXX for XXXX and Certified Return Requested Mail Number XXXX dated XX/XX/XXXX, received by XXXX and XXXX  on XX/XX/XXXX, and on XX/XX/XXXX. In a letter dated XX/XX/XXXX XXXX informed and stated ; The Above reference mortgage account was discharged from the Chapter XXXX Bankruptcy, therefore there is no longer a debt for us to validate XXXX  Letter dated XX/XX/XXXX XXXX ) XXXX  letter of XX/XX/XXXX is in violation of Rescission and Bankruptcy Discharge. We are asking the Bankruptcy Court to act for these violations against XXXX, XXXX, XXXX and all others involved in this civil theft. 
4 ) The subject loan was rescinded within 03 years with, XXXX XXXX XXXX a division of XXXX XXXX XXXX XXXX XXXX, ( XXXX XXXX XXXX ), XXXX Customer Service, ( XXXX ), the prior servicer and XXXX and later as a defense to foreclosure., XXXX XXXXXXXX XXXX XXXX XXXX and XXXX intentionally ignored our rescission notice and failed to act within 20 days window and by operation of law rescission was self-imposed and their status was reduced from secured to unsecured creditors. 
5 ) The subject loan was unsecured and listed as in Bankruptcy cases and was discharged.

6 ) XXXX letter of XX/XX/XXXX is in violation of Rescission, Bankruptcy Discharge, and Bankruptcy laws. 
7 ) XXXX, XXXX  and XXXX  failure to perform as requested showed bad faith and established the fact that XXXX XXXX and XXXX are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. Furthermore, since XXXX, XXXX and XXXX  remained silent to our request or were unable to verify and validate the debt as above, the legal concepts of estoppel by acquiescence and tacit admission came into play whereby the alleged debt was admitted invalid, a nullity, and unenforceable, and thereby repudiated in its entirety ab initio. 
3. Purpose of this notice : That the purpose of this Notice of Dispute is to assert our rights in debt collection under FDCPA 1692 XXXX g ) ( b ) without delay and within thirty ( 30 ) days of our receipt of your aforesaid debt collection letter ; 4. Alleged debt disputed : That we hereby dispute the validity of the alleged debt in its entirety ; 5. Verified documentary evidence requested : That we hereby request you provide us with the following verified ( sworn to by affidavit ) documentary evidence in substantiation of the alleged debt claimed by the alleged creditor referenced in your debt collection letter cited above ; ( a ) Proof of authority : Please provide us with verified ( sworn to by affidavit ) proof of your authority to represent the alleged creditor in this instant matter ; ( b ) Real party in interest : Please verify who the real party in interest and or Person Entitled to Enforce, ( PETE ) is in this debt collection matter, because, XXXX XXXX XXXX and XXXX and XXXX sold this loan as unregistered and unregulated security, using leveraging, therefore neither XXXX XXXX XXXX and XXXX nor XXXX are owners of this DISCHARGED LOAN as stated above ; ( c ) Alleged original creditor. Please provide us with the name and address of the alleged original creditor if different from the alleged creditor identified in your above-mentioned debt collection letter, because, XXXX XXXX XXXX and XXXX and XXXX sold this loan as unregistered and unregulated security, using leveraging, therefore neither XXXX XXXX XXXX and XXXX nor XXXX are owners of this DISCHARGED LOAN as stated above ; ( d ) Alleged original agreement : Please provide us with a verified ( sworn to by affidavit ) copy, both front and back, of the alleged original agreement and any other alleged original instruments in their entirety, including the allonge, affixed to the original alleged agreement for endorsements. Said affidavit is to be sworn to be true, correct, complete, and not misleading, by a properly identified and authorized officer of the alleged creditor, who states that he or she has personal knowledge ( Federal Rules of Evidence [ FRE ] Rule 602 ) of the validity of said alleged original document ( s ). 
( i ) Inspection of document ( s ). Please provide us with the date, time, and place convenient to ( CITY, STATE ), that we can personally inspect the above alleged original agreement, with bond/security with the investors name on it and any other alleged original instruments in their entirety relevant to the above alleged debt with our legal representative and the Court Reporter, and expenses for the said inspection must be remitted to us in advance ; ( ii ) Custodian of document ( s ). Please provide us with the name, title, and address of the natural person custodian of the alleged original agreement and of any other alleged original instruments.

( iii ) Address of physical location of document ( s ). Please provide us with the address of the physical location of the alleged original agreement and any other alleged original instruments if different from ( ii ) above.

( e ) Holder in due course. Please provide us with verified ( sworn to by affidavit ) evidence that the alleged creditor is the party in the instant matter, i.e., holder in due course, and has a perfected interest in the aforesaid alleged agreement and alleged debt ; ( f ) Proof of Value Given : Please provide us with verified ( sworn to by affidavit ) copies, both front and back, of all documents and records with respect to the aforesaid alleged agreement and alleged debt from the beginning, including but not limited to, any and all issued cancelled certified checks, cashiers checks, money equivalents or similar instruments, identified as or evidencing assets provided by the alleged creditor and/or the alleged original creditor to us and indorsed by us ; ( g ) Deposit slip and cancelled check : Please provide us with a verified ( sworn to by affidavit ) copy of the deposit slip for the deposit of my alleged agreement in its entirety by the alleged creditor associated with the above alleged account/file number, and a verified copy of the cancelled check issued by the alleged creditor as payor in payment for our alleged agreement in its entirety and any other alleged related instruments ; ( h ) Affidavit of debt & damages : Please provide us with an affidavit of debt and damages incurred, sworn to be true, correct, complete, and not misleading, by a properly identified and authorized officer of the alleged creditor, hereinafter affiant, upon his or her personal knowledge ( FRE Rule 602 ) stating : ( i ) That the alleged creditor is, indeed, the party and holder in due course and PETE of the aforesaid alleged original agreement in issue and has an enforceable perfected interest therein pursuant to law and in compliance with, or equivalent sections of the Commercial Code of Virginia State, because, XXXX XXXX XXXX  and XXXX and XXXX sold this loan as unregistered and unregulated security, using leveraging, therefore neither XXXX XXXX XXXX and XXXX nor XXXX are owners of this DISCHARGED LOAN as stated above ; ( ii ) That the alleged creditor provided consideration to us, the alleged debtors, from the assets they had on hand before the alleged credit was made, and incurred a financial loss under the full and complete alleged original agreement and alleged debt, and state each and every loss that the alleged creditor has incurred to date under the alleged debt in issue ; and ( iii ) That affiant has personal knowledge ( FRE Rule 602 ) regarding the facts of the alleged debt and is the original custodian of the books of entry, or directly supervises said original custodian of the records.

( j ) Bookkeeping journal / account ledger entries : Please provide us with a verified ( sworn to by affidavit ) copy of the complete set of original bookkeeping journal / account ledger entries associated with our alleged agreement and alleged file/account number using Generally Accepted Accounting Principles, ( GAAP ) per 12 U.S.C. 1831n, showing all debits and credits and identifying the source ( s ) and amount of the credit funds/assets ; Note : The verifying affidavit of journal / account ledger bookkeeping entries, assets side and liability side of the ledgers, is to be completed by the original custodian of the books and records, sworn to be true, correct, complete, and not misleading. Further, said affidavit shall contain positive identification of the custodian, and state that he or she has personal knowledge ( FRE Rule 602 ) of said entries. 
( k ) Assignment contract : Please provide us with verified ( sworn to by affidavit ) proof of an assignment contract in its entirety of the alleged original agreement and the alleged debt in issue from an alleged original creditor, as assignor, to the alleged creditor, as assignee ; ( l ) Proof of authority : Please provide us with a verified ( sworn to by affidavit ) copy of the contract XXXX and its alter ego XXXX has with the alleged original creditor which authorizes XXXX XXXX  and XXXX to engage in collection activities on their behalf against the above alleged account, and naming you, ( XXXX ) as an authorized servicer/collection agent / claims adjuster, after the REMIC Trust was dissolved in XX/XX/XXXX due to major trigger event when XXXX and the Banks were bailed out through the Taxpayers money ; ( m ) Certification of authority : Please provide us with a verified ( sworn to by affidavit ) certificate of authority, authorizing your company XXXX and its alter ego Computershare to transact business in the state of Virginia and a photocopy of your State Department of Commerce and Insurance certificatXXXX XXXX and Malpractice Insurance Policy numbers etc. ; ( n ) Form XXXX : Please provide us with Department of the Treasury Form XXXX Custodian of Documents attached or associated with our alleged original agreement and /or the name and address of said custodian per ( b ) ( ii ) above ; ( o ) Form XXXX : Please provide us with Department of the Treasury Form XXXX  Original Issue Discount, ( XXXX ) for each year the alleged creditor was holder in possession of the alleged original agreement ; ( p ) Vendor sales slips/vouchers : Please provide us with verified ( sworn to by affidavit ) copies of all original sales slips/vouchers from all alleged vendors covering all alleged transactions in the above referenced file/account from its inception to date. 
Note : This Notice of Dispute is not a request for confirmation that you have mere photocopies of alleged documents. We are requesting ONLY VERIFIED DOCUMENTARY EVIDENCE in validation of the alleged debt pursuant to the FDCPA. 6. Warning : That all your communications and omissions will be made a part of and incorporated into any litigation arising from this matter. 7. Time is of the essence ; reply  deadline : That time is of the essence, therefore, we extend to you, RightWay, thirty ( 30 ) days from the date of your receipt of this Notice of Dispute to perform in compliance with verifying the alleged debt as requested above per FDCPA mandates. We will consider a reasonable extension of timeonly to produce verified documentsshould you need more than the thirty ( 30 ) days if you request it in writing to the address above. Your failure to perform as herein requested will show bad faith and will establish the fact that you are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. Furthermore, if you remain silent to this request or are unable to verify the debt as above, the legal concepts of estoppel by acquiescence and tacit admission will come into play whereby the alleged debt will be admitted invalid, a nullity, and unenforceable, and thereby repudiated in its entirety ab initio. In the interim, you are prohibited from any contact with us, the undersigned, except in writing, and only regarding the matters herein expressed. All debt collection activity including litigation is to cease per FDCPA 1692g ( b ) the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt 8. Mandatory reply to undersigned : That all of the above demanded verified evidence, sworn to by a competent witness per FRE Rule 602, should be sent to us, the undersigned, as indicated at the address above within the above-mentioned thirty ( 30 ) days from your receipt of this Notice of Dispute. Please do not send any reply correspondence to us at any other mail location except as below : 9. We hereby object and dispute the alleged debt, because this is the violation of the rescission and Chapter 7 Bankruptcy Discharges, and you and your alleged client can not add any fee and or amount to that, discharged debt ; 10. Please ask your alleged client to provide the following accounting ledgers ; 1 ) Servicers REMITTANCE LEDGER, since inception ; 2 ) Master Servicers REMITTANCE LEDGER, since inception ; 3 ) Trustees REMITTANCE LEDGER, since inception ; 4 ) Distribution Report amount received through and entered in above ledgers ; 5 ) FASB-95, Cash Flow Statement : Please provide us with, FASB-95, Cash Flow Statement. We have an asset that you are holding of ours that you failed to give credit to us, where the alleged creditor has made a mistake, is that they are likely carrying our asset on liability ledger of balance from your accounts receivable. 
6 ) We have already requested to you and your predecessors and are requesting again from you, your alter ego, to go and check the record, asset side ( receivable side ) and liability side ( accounts pay able ) of the accounting ledger.

7 ) On the corporate liability off balance sheet ledgers, there has been a setoff deposited there and while comparing both sets of books, you will see there is a setoff, which is a claim under civil rule 13, which we have timely invoked and are invoking again for the record for future use.

8 ) We signed the promissory note under UCC Article 3 and after securitization it comes under the Article 8 and you and your alleged client have failed to record a debt to us on their liability side of the ledger.

9 ) Your client being the alleged creditor, have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ). 
10 ) You and your alleged client did not adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the accounting ledger. All you and your alleged client have done is to keep the ledger separate and commit fraud upon fraud, in committing this civil theft. 
11 ) We also request you XXXX, your alter ego XXXX, XXXX its owners, servants, employees and agents to go and see both accounts receivable and accounts payable and to do a setoff under FAS XXXX as the debt is extinguished from the books when we tendered the promissory note to you. Under Article 9 in commercial law everything becomes the cash proceeds. 
12 ) We also request you to produce XXXX registration statement which will indicate that your alleged clients have sold the note and that is a transfer and your alleged client and or its agents are not the real party in interest. 
13 ) The balance sheet, a XXXX, XXXX, and XXXX, have OMB numbers on them which will tell you that Factious entity including XXXX XXXX XXXX, XXXX, XXXX, have sold the note. ( These balance sheets are subject to disclosure under the privacy act, Title 5 USC 552 ( b ) ( 4 ).

14 ) Your alleged clients are required to file balance sheets, under USC 248 and 347 with the Federal Reserve Board. The balance sheets show the assets and liability that you have use in accounting. The liability would be the promissory note. It is liability because it is an asset to us.

15 ) We have decided why to carry the payables on the books if it has been abandoned. Why not write them off and sell them for more cash. Your alleged client and its agents are calling it an offset accounting, but in UCC it is called a recoupment.

16 ) We hereby do a defense in recoupment under UCC 3-305 and a claim under 3-306.

17 ) We have a possessory and property claim against the cash proceeds under the liability side of the ledger.

18 ) As per UCC 3-306, there can not be a holder in due course on the promissory note after your client has deposited it. 
19 ) Your clients are doing an off-balance sheet entry. This means that your clients have taken our note after they sold it, instead of showing it on balance sheet they have moved over to some other entities balance sheet. It is no longer on the banks books and this is called off balance sheet bookkeeping.

20 ) You and your client are not showing the liability side of the ledger or the accounts payable because it has been moved over to someone elses balance sheet.

21 ) Now we are bringing in recoupment on behalf of the real party of interest which are us because we are the real creditor against the liability side of the account.

11. Abusive/Deceptive/Unfair and Deceptive Practices Neither XXXX nor the XXXX, the Servicers, did not comply with all federal and state requirements in connection with the servicing as stated above in paragraphs 1-10 above ; they violated rescission laws and Bankruptcy Discharge and repeatedly sent us notices/letters in violation of FDCPA illegal foreclosure when Deed of Trust, ( DOT ) ) was VOID due to rescission. They were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs.We have correctly requested to Consumer Financial Protection Bureau, ( Cfpb ) and requested to take action against, them, for this fraudulent debt, in violation of 15U.S.C. 1692e ( 2 ) ( A ), threatened to take an action that can not legally be taken or that it did not intend to take, in violation of 1692e ( 5 ), and used a false representation or deceptive means to collect or attempt to collect a debt, in violation of 1692e ( 10 ). 
Under Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX XXXX, XXXX, XXXX and XXXX and its alter ego are legally required to refrain from committing, UDAAP. XXXX XXXX XXXX, XXXX, XXXX XXXX and XXXX and it alter egos UDAAPs caused significant financial injury to us as consumer, erode confidence, and undermine fair competition in financial marketplace. XXXX XXXX XXXX XXXX, XXXX, XXXX and XXXX and its alter ego under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against UDAAPs in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to knowingly or recklessly provide substantial assistance to a covered person, XXXX XXXX XXXX, XXXX, XXXX XXXX and XXXX and its alter ego or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ).

12. Failure to Response/Acquiescence/Admission Please note that in the past we sent to your office and others our, NOTICE OF RESCISSION AS DEFENCE TO FPRECLOSURE PURSUANT TO 11. U.S.C 1635 ( i ) ( 2 ) and the XXXX XXXX XXXX, XXXX, XXXX, XXXX and XXXX and its alter ego without reading it, acknowledged our Rescission Notice and failed to take action required within 20 days as required by the Statue and rescission is self-imposed by operation of law.

Your abusive, deceptive, and unfair debt collection practices by debt collectors ; we have already sent Dispute letter to other actors in this fraud and have not heard any response from them. Your failure to perform as herein requested have shown bad faith and established the fact that you are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. The actual money trail representing the WHOLE accounting for every penny that went in and every penny that went out that related to each loan or was attributable to each loan for which there is no accounting in existence because if it existed it would need to be produced and if it was produced it would be discovered that two things are true ; ( a ) that the balance owed on the obligation of the homeowner had been paid down by resort to undisclosed funds created from the transaction between the borrower and the investor-lenders and ( b ) that far more money went into the system than went out, leaving the intermediaries richer and the investor-lenders and homeowners poorer. 
Your irregularities in the modification /short sale/ foreclosure process reflect deeper failures to document properly changes of ownership as mortgage loans were securitized, sold as unregistered and unregulated security using leveraging. 
XXXX, the servicer for the known securitizations participants do not have any authority to represent the alleged creditor, and could not represent them due to the obvious conflict of interest, to wit : the investor upon learning that a substantial amount of their advance of cash was pocketed by the intermediaries like XXXX XXXX XXXX, XXXX, XXXX and now is left with the mortgage whose nominal value is far below what was paid, and whose fair market value is far below the nominal value, would have potential substantial claims against the securitization participants XXXX XXXX XXXX , XXXX, XXXX for fraud, conversion, breach of contract, and other claims. Fraud upon investors in relevant to borrowers because it is additional evidence of an overall fraud and conversion scheme against us as homeowners, because it tends to show motive and intent in the fraud and conversion claims by the borrowers. 
Accordingly, we hereby rescinded said Mortgage Loan as a full and complete defense to your any illegal intent to illegally foreclose based on a VOID Instrument ( DOT XXXX on our promissory residence pursuant to 11 U.S.C 1635 ( i ) ( 2 ), when we are not in default. Through the Qualified Written Request, ( QWR ) and other Dispute, and Cease and Desist letters/Notices, we have requested accountings, ledgers and other information were not provided by the XXXX XXXX XXXX XXXX, XXXX  and XXXX. See Supra pg.7 para 10.

Please see also Bankruptcy Cases, 08-18049-RGM Dkt.19 pg.8 of 39 ; Case No. 13-14502-RGM Dkt.20 pgs. 7, 8 and 18 ; and case no.20-12093-KHK Dkt.7 pg.20, 30 and items,2.7, 2.36, 2,37 and 2.38. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents XXXX, XXXX XXXX, and XXXX XXXX al from collecting a discharged debt. 

13. XXXX XXXX XXXX XXXX, XXXX, XXXX ( previous servicer ) and XXXX ( current servicer ) did not comply with all federal and state requirements in connection with their servicing as stated above in paragraphs above. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX violated rescission laws, bankruptcy laws, bankruptcy discharge and repeatedly threatened to schedule for illegal foreclosure when Deed of Trust, ( DOT ) was VOID due rescission. Id XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. 
14. The claim that we ( originator and maker ) can make is set off because XXXX XXXX XXXX XXXX, XXXX XXXX XXXX has sold an unregistered note and can not be a holder in due course because they are taking it subject to administrative and commercial claims. They have created a mortgage purchase loan ( 16 CFR 433.1 ). This whole process is not about mortgage at all, because they have sold the note and received the funds and closed the account by assuming, they have repaid the originator ( us ) on the loan. If they have already repaid the originator ( us ) on the loan, the living man who signed the note, then the whole thing is closed. 
15. We request XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX to go and check both sets of books and to do the setoff as we are bringing the offsetting claim under the rules of procedure as they have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ) and failed to adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the ledger. 
16. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX are not applying the correct accounting entries under GAAP and GAAS and not giving the claim to us, as we have the processionary right in the instrument and its proceeds under section 3-306 of the UCC. 
17. If XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, and their agents have valid authority from the creditor to proceed in this matter, please note that the subject loan has been rescinded, under TILA within three years and as a defense to foreclosure and alleged creditors status has been reduced from secured to unsecured creditor and discharged in chapter 7 bankruptcy.

18. Since you or your alleged creditor failed to dispute the rescission or take the requisite next steps within 20 days and rescission is self-imposed and you and your alleged creditor is in violation of TILA again.

19. Upon serving the notice of rescission, the TILA statute and Regulation Z states that by operation of the law, the security interest automatically becomes void and the debtor is relieved of any obligation to pay any finance or other charge ( 15 U.S.C. 1635 ( b ), Reg. Z 226.15 ( d ) ( 1 ), 226.23 ( d ) ( 1 ) ). 
20. Our Notice of Rescission has reduced XXXX XXXX XXXX XXXX, XXXX XXXX XXXX  and other alleged creditors, as unsecured creditors. The facts and circumstances that we filed a copy of the notice of rescission as a defense to foreclosure. Thus, since the security interest is automatically voided per TILA and Regulation Z upon rescission, the mortgage note is no longer secured, classified as unsecured and discharge in bankruptcy. 
21. In addition, please provide a complete and itemized transaction history of the subject loan [ discharge in bankruptcy ] that we are entitled to under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g.

22. We dispute that we are in default since there seems to be irregularities in how payments have been applied as well as escalated fees and charges, when the loan is performing and is in the trust per your statements. 
23. We are unable to resolve the dispute as to the balance claimed due without the life of bankruptcy discharge loan history and an explanation of how any late fees or other administrative fees have been assessed and applied.

24. YOU ARE HEREBY ON NOTICE THAT XXXX XXXX XXXX AND XXXX XXXX XXXX ARE DISPUTING THIS ALLEGED DEBT, WHICH WAS DISCHARGED IN OUR CHAPTER XXXX BANKRUPTCY, AND XXXX XXXX XXXX XXXX, XXXX XXXX XXXX AND ITS ALTER EGO ARE IN VIOLATION OF BANKRUPTCY DISCHARGE THROUGH XXXX ; 1 ) PLEASE CEASE & DESIST YOUR ILLEGAL COLLECTION ACTIVITIES AND ANY INTENT TO TAKE ANY ILLEGAL ACTION INCLUDING WRONGFUL AND ILLEGAL FORECLOSURE ACTION BASED ON A VOID INSTRUMENT, DISCHARGE LOAN, AND REFRAIN FROM ILLEGAL ATTEMPTS TO COLLECT ON A RESCINDED AND DISCHARGED LOAN PURSUANT TO BANKRUPTCY RULES AND TILA AND AS A DEFENSE TO FORECLOSURE, REPEATEDLY RECEIVED BY XXXX XXXX XXXX XXXX XXXX, XXXX and XXXX AND ITS PREDECESSORS, THEIR AGENTS, SERVENTS AND EMPLOYEES. 
XXXX ) IN ADDITION, WE ARE DISPUTING THE DEBT ALLEGEDLY OWED TO YOUR ALLEGED OWNER BECAUSE YOU, ARE JUST THE SERVICERS AGENT AND WHEN THE LOAN IS SECURITIZED AND IS IN REMIC TRUST, WE ARE NOT DEALING WITH ANY LENDER/CREDITOR, BECAUSE REMIC TRUSTS DO NOT HAVE LENDERS/CREDITORS, AS FALSELY STATED BY YOU IN YOUR LETTER CITED ABOVE. 
3 ) WE ARE REQUESTING PROOF OF OWNERSHIP AND/OR ENTITLEMENT RIGHT, WITH ALL REQUEST MADE ABOVE IN EACH PARA ABOVE.

4 ) PLEASE REMOVED THE, VOID DEED OF TRUST FROM THE LANDS RECORD Signed with reservation of all rights, Respectfully yours __-sd-___________ _-sd-___________ XXXX  XXXX & XXXX XXXX XXXX

Company response to consumer: Closed with explanation