Consumer complaint received 2019-09-03
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: TD BANK US HOLDING COMPANY (NC)

XX/XX/2018, Delivery Via CFPB, Board of Directors, TD Bank XXXX, XXXX XXXX XXXX XXXX, Maine XXXX - Dear Members of the Board, Please accept this as a Formal Notice of the following allegations and facts as they are known to me. The Sarbanes-Oxley Act ( SOX ) was designed to restore investor confidence in capital markets and help eliminate financial statement fraud in publicly traded companies, while at the same time significantly increasing the penalties for corporate accounting fraud. I have developed material fact, giving rise whereas it is alleged, TD Bank is currently benefiting from false liens followed by the entry of false and fictitious data into a state-maintained a database to falsely account for money. - TD Bank / Duty to Investigate - Several factors go into a Board of Director 's decision as to whether a fraud investigation should be performed. One of the most deciding factors is where applicable federal law would require an inquiry into the fraud or disclosure of known fraud to a government agency. Should TD Bank find the law imposes such a duty of the Board, its Directors, and Officers, and the company fails to comply, severe penalties can result. Several laws impose disclosure requirements on businesses, including 1 ) Monitoring and public reporting statutes, 2 ) The Sarbanes-Oakley Act, 3 ) False statement statutes, 4 ) Civil law duties to a company and its shareholders, 5 ) Accountants and internal auditors duties to investigate, 6 ) External auditors duty to investigate - The Securities and Exchange Commission - The SEC takes the position that senior management and corporate counsel who fail to investigate alleged misconduct and fail to establish appropriate procedures for limiting the prohibited conduct may be held liable for violation the Foreign Corrupt Practices Act ( FCPA ). Similarly, directors and others specified in reporting statute are responsible for ensuring the accordance of required corporate public filings, such as prospectuses, proxy statements, and annual reports. The SEC has held directors liable for reporting violations may exist not only when responsible individuals actually know of misconduct, but also where they know of facts that indicate possible wrongdoing. The SEC has stated that it will not tolerate benign indifference to employee misconduct. Thus an internal investigation into XXXX XXXX XXXX as Trustee and or Custodian, counterparties of TD Bank seems appropriate and necessary under the well-documented circumstances to ensure that public statements and reports are accurate and or amended and, where required, to establish adequate procedures to prevent and limit the illegal conduct. The failure to investigate can lead a company to include inaccurate or misleading facts in public filings, for which the company and its directors and other senior management may be held liable even absent fraudulent intent or actual knowledge of the falsehoods. That having been stated, please consider yourself, as a member of the TD Bank, Board of Directors, hereby Noticed of Document Custody Errors due to the failure of TD Bank, its trustee ( s ), predecessor in interest, successor in interest, parents, affiliates,  subsidiarys, agents, employees, officers, directors, shareholders, and attorneys relating to the ongoing loss and harm, from certain obligations, debts, known to TD Bank, due to the failure to transfer accurately, under 12 CFR 1024.35. This failure has resulted in the assignment of False Liens and Clouded Title against 33 unknowing property owners resulting in Unmarketable Title to approximately {>= $1,000,000} of adjoining real property on XXXX XXXX. TD Bank, as Servicer has the duty with respect to document custody to monitor and oversee lien assignments, including the recording of assignments, which include document exceptions. TD Bank failed to oversee the assignment of False Liens against multiple properties located within the XXXX XXXX subdivision further described and recorded in Map Book 9, Page 27 of the XXXX XXXX County Register of Deeds. One such property is my home, XXXX XXXX XXXX, XXXX XXXX, NORTH CAROLINA XXXX. My property was wrongfully encumbered due to, XXXX XXXX XXXX, Trustee allegedly conspiring with one or more third parties by Double-Pledging multiple unrelated contracts against my home and my neighbor 's homes. The underlying deed was returned to XXXX XXXX XXXX, and marked Paid in Full and Satisfied, recorded in Book 2439, Page 0236 at XXXX XXXX County Register of Deeds. This deed was further encumbered by and through the attachment of Seven un-constitutional hidden C-PACE liens. Upon information and belief, material issues exist with respect to the underlying contract, as most significant the custodian lacks possession. TD Bank having again been made formally aware of these continuing and ongoing errors under 12 CFR 1024.35. It is the understanding of the undersigned, XXXX XXXX XXXX trustee is responsible for enforcing the representation and warranties that the seller/depositor gave. As such, XXXX XXXX XXXX manufactured a " SELLER '' affidavit titled Lost Note Affidavit wherein Mr. XXXX XXXX for Parcel Identifier No. XXXX, yet, Mr. XXXX XXXX lacked a valid interest in this deed, therefor Mr. XXXX XXXX could only sell what he had, which was nothing. XXXX XXXX XXXX remains in physical possession of this unencumbered deed recorded upon Book 5061, Page 653 upon the XXXX XXXX County Register of Deeds. Neither XXXX XXXX XXXX or XXXX XXXX XXXX have provided any representations or warranties to TD Bank or any other party with respect to these deeds. These deeds have not been sold by the fee simple owner nor has any interest been, granted to a trustee, or a third party for hypothecation or rehypothecate purposes. Here it appears TD Bank by and through other parties participated in a scheme of double pledging assets they did not own, and now are unable to deliver the treasury, causing a daisy chain of cumulative repo-fails. As has been explained to me, a repo fail occurs when one party steals an asset it does not own, therefor the thief is unable to return the treasury to the owner. To remove any ambiguity, at no time did XXXX XXXX XXXX, apply for, borrow or become obligated for loans in the sum ( s ) of {$560000.00} and {>= $1,000,000} respectfully for the benefit of TD Bank or a third party. XXXX XXXX XXXX / XXXX XXXX XXXX reserve all rights in common law, statutory law, both Federal and State and in equity resulting from ongoing ensuing losses by the failure of TD Bank and its Trustee, XXXX XXXX XXXX to properly oversee monitor and investigate these facts as they relate to the Foreclosure Action under a DOT from XXXX XXXX XXXX, including but not limited to any claims arising under the Fair Credit Reporting Act, the Fair Debt Collections Practices Act, the Truth In Lending Act, and the Real Estate Settlement Procedures Act. Please take further notice, a self-described high bidder wrongfully took and carried away the personal property of the undersigned and his XXXX year old son without the consent of the Note Holder, ( The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the Note Holder. ) This as the note is not lost, it was correctly returned to the undersigned borrower marked paid in full and satisfied. Whereas, good and credible evidence exists in support of the above, respectful demand is hereby made upon, the Board of Directors of TD Bank, given the large sums involved, to facilitate an emergency board meeting allowing Board of Directors to  mitigate ongoing losses believed to cloud property titles, pledged with certain government entities, deeming each deed un-marketable and collectively having a value believed to exceed an {>= $1,000,000}, therefore notice is hereby provided to the Board of Directors to reserve accordingly. In the interim, a request made upon TD Bank to prioritize the physical return of the personal property to XXXX XXXX XXXX that was wrongfully taken and carried away without the consent of XXXX XXXX XXXX. I would invite the Board of TD Bank to contemplate the outcome of destroying the property rights and records of homeowners who never defaulted on the mortgage and are now forced to litigate boundary disputes and property rights with adjoining neighbors, along XXXX XXXX. Regards, XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, NC XXXX.