Consumer complaint received 2023-02-06
Company: LoanCare, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
LoanCare LLC is acting unlawfully as governmental agent collecting property taxes that I do not owe. Despite my objection LoanCare opened escrow account without my consent on XX/XX/XXXX and started to apply my monthly mortgage payments of {$1300.00} towards these unlawful property taxes instead of my loan principal by which they breached their contract with me. I have also discovered that LoanCare LLC took my Application/Promissory Note and gave me nothing of substance of theirs for it which constitutes fraud and theft. With that I requested forensic audit on my loan account, disclosure of documents and that LoanCare is the holder of my original Promissory Note with the following detail actions and documents served : 1. I am aware that every state of the Union is guaranteed republican form of government with Constitution being the supreme Law of the Land pursuant to Article VI Section 2 and Section 3 that secures unalienable XXXX given Rights to the People, in this case myself, such as the Right to own private property ; and 2. Based on extensive research I discovered that the organic XXXX California Constitution was replaced by XXXX California Constitution, a corporate charter, to mislead the People and to bring them under a fascist corporate tyranny that brought property taxation ; and 3. Then on XX/XX/XXXX this XXXX California Constitution was repealed which consequently repealed private property taxation ; and this repeal has been a matter of public record for over sixty one ( 61 ) years ; and 4. I discovered that property tax is based on the value of a property computed in the obligations of the United States ( Federal Reserve Notes ) ; and that no State or its subdivision shall tax the obligations of the United States pursuant to federal law ; and 5. I have perfected Land Patent No. 501 and the specific portion that pertains to Claimants private property by bringing it forward in my name which is a matter of public record through Affidavit of Publication issued on XX/XX/XXXX by XXXX  XXXX XXXX XXXX, a newspaper adjudicated by the Superior Court of the County XXXX XXXX XXXX XXXX XXXX California ; and which is now a matter of public record ; and 6. I XXXX XXXX XXXX XXXX, XXXX XXXX # XXXX, XXXX # XXXX Tax Collector that my property is not subject to property taxation via form of Affidavit XXXX XXXX of XXXX defaulted on by which they agreed and admitted without an objection that Affiants property is private and does not fall under corporate XXXX of XXXX, agent of corporate State of California, jurisdiction and is not to be misclassified as commercial ; and 7. XXXX of XXXX XXXX Assessor by their default agreed and admitted without an objection that my property is indeed private dwelling/land secured under Land Patent which is supreme Title and XXXX unlike the fraudulently issued Trust Deed, which is inferior and only color of title to trick and deceit the People ; and 8. County of XXXX XXXX XXXX and XXXX Collector failed to rebut my Affidavit and claim that my private dwelling/property is not private property/land and is subjected to property taxation under repealed XXXX California Constitution; and 9. Furthermore, I found out that there is no money of exchange to pay for anything, and I XXXX XXXX XXXX XXXX XXXX XXXX and Treasurer-Tax Collector Verified Good Faith Offer to Pay dated XX/XX/XXXX via Certified Mail Number XXXX which was received on XX/XX/XXXX ; and XXXX. I requested XXXX XXXX XXXX to specify the specie in which to pay or how shall the alleged property tax debt be XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX and XXXX Collector XXXX XXXX Verified Good Faith Offer To Pay which pursuant to Tender of Payment Law UCC XXXX rendered any such alleged property tax debt discharged ; and XXXX. I XXXX XXXX XXXX XXXX XXXX XXXX and Treasurer-Tax Collector Lawful Notice of Discharge on XX/XX/XXXX ; and 12. XXXX XXXX of XXXX XXXX realized that I will not pay them taxes I do not owe they hired LoanCare LLC as their thug to extort me for the funds they could not extort from me directly ; and 12. I started to receive harassing letters from LoanCare LLC agents/employees/assigns around late summer XXXX that if I do not pay alleged property taxes LoanCare LLC agents/employees/assigns will open an escrow account to pay for the alleged property taxes that I do not owe ; and 13. I contacted LoanCare LLC agents/employees/assigns clearly stating that I do not consent to opening of an escrow account for the above stated reasons as I do not owe property taxes on her private property/land ; and 14. My Assistance of Counsel/NexXXXX Friend, XXXX XXXX XXXX and I, called LoanCare LLC institution on a recorded line on XX/XX/XXXX at XXXX and spoke with agent named XXXX to explain in a great detail the situation ; and XXXX XXXX of XXXX XXXX and their agents are in litigation with me and trying to use LoanCare LLC and their agents/employees as unauthorized government agent to extort me for funds I do not owe ; and 15. On XX/XX/XXXX at XXXX my Assistance of Counsel and I called LoanCare LLC institution again and spoke with agent named XXXX ID # XXXX ; and XXXX seemed to understand for which she escalated the issue to agent named XXXX ID # XXXX ; and 16. Then on XX/XX/XXXX my Assistance of XXXX and I, called again LoanCare LLC institution to explain the situation yet to another agent on a recorded line ; and all these calls are recorded and made part of a record ; and 17. Despite the above mentioned recorded communication and disclosure LoanCare LLC agents/employees/assigns unlawfully opened an escrow account without my consent on XX/XX/XXXX ; and LoanCare and their agents/employees/assigns started to apply my mortgage payments towards this unlawful escrow account to XXXX XXXX of XXXX XXXX alleged property taxes that I do not owe ; and by doing so LoanCare LLC and their agents/employees/assigns breached the contract between me and LoanCare LLC causing injury ; and 18. I served LoanCare LLC CEO, XXXX XXXX, 'Lawful Notification ' via United States Post Office with Proof of Service dated XX/XX/XXXX demanding proof that my private property/land is subject to unlawful taxation XXXX XXXX of XXXX XXXX XXXX and demanding deposition and forensic audit of my loan account ; and LoanCare LLC failed/refused to afford this forensic audit as required by law ; and 19. On XX/XX/XXXX I served LoanCare LLC CEO, XXXX XXXX, Writ of Nature of Discovery and Disclosure and Memorandum of Law demanding proof that LoanCare LLC loaned me anything of substance of theirs via Certified Mail Number XXXX XXXX XXXX XXXX XXXX that was received on XX/XX/XXXX at XXXX ; and 20. I served LoanCare LLC CEO, XXXX XXXX, with Notice of Liability/Opportunity To Correct and Contest Acceptance dated XX/XX/XXXX ; and 21. I served LoanCare LLC CEO, XXXX XXXX, Notice of Fault/Opportunity to Cure and Contest Acceptance dated XX/XX/XXXX through Certified Mail Number XXXX XXXX XXXX XXXX XXXX including my Fee Schedule which XXXX XXXX received on XX/XX/XXXX at XXXX and which now serves as self-executing contract ; and XXXX. I served LoanCare XXXX XXXX, XXXX XXXX, Notice XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XX/XX/XXXX via Certified Mail Number XXXX XXXX XXXX XXXX XXXX which was received on XX/XX/XXXX at XXXX ; and which serves as agreement and stipulation without objection in any court in America that LoanCare LLC did not loan anything of substance of theirs to me and by doing so causing me injury to be paid in damages ; and 23. My Assistance of Counsel, XXXX XXXX XXXX, returned Assessors Parcel Number ( APN ) # XXXX back to County XXXX XXXXXXXX XXXX XXXX XXXX XX/XX/XXXX through Certified Mail Number XXXX XXXX XXXX XXXX XXXX that was received on XX/XX/XXXX at XXXX ; and with that this APN is no longer and in no any other way associated with my private property/land ; and 24. I continue to make the agreed mortgage payments in amount of {$1300.00} through verified XXXX online account and LoanCare LLC is not applying my payments to the principal and stating that I am in default instead by which LoanCare LLC breached our contract ; and 25. I declare that I can support the above stated with additional detail documentation which is a matter of public record and part of a court of record

Company response to consumer: Closed with explanation