1. This is a new complaint filed by XXXX XXXX XXXX for unlawful debt collection practices and unlawful non-Judicial foreclosure action taken by Select Portfolio Servicing Inc. ( hereafter SPS Inc. ), XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX ( hereafter XXXX ), where each of them, ( collectively Respondents ' ) are threatening to seize, attach, and sale our property in a unlawful non-judicial foreclosure sale scheduled for XXXX XXXX, XXXX although Respondents ' holds " NO SECURED INTEREST '' in our property for the following REASONS : ( a ), The Transaction is rescinded effective by operation of law on XXXX XXXX, XXXX, XXXX XXXX XXXX nor its agents or representative filed a legal response within 20 days after service. thus, the note, deed and contract is void as a matter of law, see XXXX ; and ( b ) prior to the rescission, the Transaction was already a nullity from its INCEPTION in that the deed and other documents were SIGNED by an unauthorized agent for its principal, in violation of Georgia law which says, " Where an agent without authority to execute a sealed instrument signs a contract under seal for his principal, the later is not bound unless ratification thereof be also under seal. XXXX v. XXXX, XXXX XXXX XXXX ; XXXX v. XXXX, XXXX XXXX. XXXX. '' See unauthorized signer at XXXX ; and ( c ) A permanent sale was made and not recorded, the ASSET was transferred out of the alleged TRUSS to XXXX XXXX XXXX on or before XXXX XXXX, XXXX. See XXXX. <P/>2. We also have evidence and good cause to believe that SPS Inc., & XXXX filed the present foreclosure action under a MODIFIED fictitious name instead of using it 's legal registered fictitious name as required by the State of NY Article 3 - 301 and state of XXXX Real estate Comm. Ch. 40 ( a ) and ( c ) ( 2 ). <P/>3. The foreclosure Sale Under Power notice IS NOT BROUGHT by the party identified in the security deed neither is it brought by the party listed on the first and only DEED ASSIGNMENT as required by XXXX Real estate Comm. Ch. 40 ( a ), and ( c ) ( 2 ) which says : " The only person or financial institution allowed to sell the property of a borrower in default is the party identified in the security deed as the lender '' or " If the original lender sold the security deed, the power of sale rights transfers to this " successor. " It also says : " The published notice must contain the name of the Lender '' 4. XXXX, SPS Inc., and XXXX XXXX, XXXX, used Concealment and misrepresentation of a material fact, to disguise its true " descriptive '' fictitious name. <P/>5. Under Chapter 40 ( a ) and ( c ) ( 2 ), XXXX and SPS Inc. and XXXX XXXX, XXXX always use the following legal fictitious name for non-judicial foreclosures actions, see XXXX XXXX, which is a XX/XX/XXXX and XX/XX/XXXX Notice of Sale Under Power publication, where the following legal name is asserted as true under the statutory requirement of Georgia. <P/>( d ) '' XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX, As Trustee For The Certificateholders XXXX, XXXX, Asset-Backed Certificates, Series XXXX. <P/>6. In the NEW Sale Under Power Notice, Respondents ' abandoned a key " descriptive '' term in its registered fictitious name they are require to use by the PSA. Note that Respondent, in the paragraph below, did not use the descriptive portion of its registered fictitious name that identifies XXXX as the trustee " For the Certificateholders ''. -- - Instead, Respondent used the following fictitious name omitting and disguising its legal fictitious name per the PSA requirement. See XXXX, then see 6 ( e ) below, ( the MODIFIED fictitious name. <P/>( e ) " XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX, As Trustee For XXXX, XXXX, Asset-Backed Certificates, Series XXXX ''. <P/>7. The Respondents ' can not truthfully assert that it is the " Trustee for the certificateholder '' without misrepresenting a material fact. So XXXX avoided using its legal registered descriptive name when filing a action against us in Court which has now been dismissed. See EX-D4 pg.2,3.
<P/>8. See EX- ( D-5 ) which shows unsolicited documents sent to us by Respondents ' purported servicer, SPS IncXXXX which shows Respondent 's laying the foundation for the insertion of a modified or alternant version of the Truss legal fictitious name to be relied upon by us, the Court and CFPB as true and correct. See EX- ( D-5 ) XXXX XXXX XXXX XXXX misrepresentation of a material fact on behalf of XXXX by concealment of facts in response to The CFPB, and because it is a legal tribunal an if they use the key descriptive term, i.e. " for the certificateholder '' in referring to our purported loan account, it can be considered perjury. so Respondent used an alternant term in its place. <P/>9. eight ( 8 ) foreclosure notices were served in XX/XX/XXXX, and now yet another one has been served. it amount to racketeering where senior citizens like ourselves are the target.