Consumer complaint received 2024-02-19
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: FIRST HORIZON BANK (LA)

In response to the response from XXXX XXXX XXXX XXXX Department IBERIA BANK now XXXX XXXX XXXX Re : CFPB Complaint CFPB # XXXX XXXX XXXX XXXX XXXX XXXX Number : XXXX XXXX XXXX, Thank you for your response from for the complaint entered on XX/XX/XXXX, your response is appreciated. It doesnt appear that the entirety of the affidavit was read. The FACT that IBERIA, now FIRST HORIZON, I will continue to refer to the company as IBERIA because FIRST HORIZON, must own this company being they paid value for it after the appropriate consideration, considering the pros and cons of the takeover / merger. Continuing to the point, the responsibility now lies with FIRST HORIZON now referred to as IBERIA. Looking at the motorized forensic mortgage investigation affidavit, the simple FACT that the securities identifier numbers ( CUSIP ) was created evidences a breach of contract on the part of Iberia, weather the NOTE was liquidated or traded for the securitization / accommodation services, It WAS separated from the mortgage. IBERIA is responsible for their part of the damages and proceeds. By not addressing THE affidavit in terms of taking any responsibility for IBERIAS PART, it is in plain sight and simple writing is prima facia evidencing the fraud and you have acknowledged the fraud and accepted the responsibility of the crime including the title 18 CRIMINAL violations by the doctrine of acquiescence. IBERIA BANK MORTGAGE COMPANY now FIRST HORIZON is responsible for damages relating to the breach of contract. IBERIA MORTGAGE COMPANY is the account debtor of the instant matter in a capacity of accommodated party to a 26 U.S. Code 1031 Exchange of property held for productive use or investment warehouse line of credit.

The problem and Illegality started with IBERIA, a hidden from the record contract was created and you choose to further acquiescence, and this self admittance to the facts stated in the affidavit stand as truth, in a court of law. XXXX XXXX is not listed and recorded on any note, assignment or anywhere on the mortgage papers along with ; XXXX XXXXXXXX ( TRUSTEE, NOT XXXX XXXX XXXX XXXX is a trust bank that has confessed to not having any equitable interest in the loan or mortgage, and through investigation has not paid value for the mortgage or Copy of the note held in a static trust with no other mortgages or Notes ), MERS, and XXXX XXXX. XXXX XXXX the purported Depositor for bankruptcy remote Special Purpose Vehicle XXXX XXXX XXXX XXXX was acting in the capacity of a qualified intermediary for credit swap conveyances associated to the 26 U.S. Code 1031 Exchange of property held for productive use or investment warehouse line of credit. 
The recorded assignments and current servicer XXXXXXXX XXXX are complete fraud and through the the process of uncovering the fraudulent truth of the matter with the other hidden contracts, will see that the so called recorded documents starting with XXXX XXXX XXXXXXXX onward, are fraudulent. 
XXXX XXXX, acting in the capacity as Junior Secured Party to IBERIA in the special purpose vehicle ( SPV ) transaction scheme is offering securities to the secondary market for the purpose of obtaining certificate holders acquired funds by Special Deposit to execute a 26 U.S. Code 1031 Exchange of property held for productive use or investment warehouse line of credit.

MERS was acting in the capacity of electronic agent as a purported Nominee/Beneficiary for IBERIA under the Deed ; subsequently acting in a capacity of bailor/bailee for each successor defendant of bankruptcy remote Special Purpose Vehicle XXXX  XXXX Trust associated to the 26 U.S. Code 1031 Exchange of property held for productive use or investment warehouse line of credit.

IBERIA ( hereafter, Accommodated Party ) as Accommodation Party in the 26 U.S. Code 1031 Exchange of property held for productive use or investment ( hereafter, the 1031 Exchange ). I and thereon allege that the Defendant XXXX XXXX as a Junior Secured Party to IBERIA in the 1031 Exchange is attempting to make an unlawful claim to legal title through a fraudulent assignment of enforcement rights of the currently un-perfected underlying Deed of Trust and unlawful equitable claim to ownership to MY PRINCIPALS ( XXXX XXXX XXXX XXXX XXXX Property through the Iberia bank Mortgage Company hypothecated collateral purported after acquired proceeds of the Real Property which through the Deed of Trust lien encumbering XXXX XXXX XXXX Real Property ; which, is being unlawfully construed as the Intangible Payment Obligation Transferable Record Chattel Paper, known as the Payment Intangible, the underlying intangible collateral to the Tangible Note for Accommodation or Bill of Exchange known as the Tangible Note. 
1031 Exchange is the mechanical transactional scheme whereby a purported Tangible Note is converted/exchanged for a Payment Intangible asset to provide an alternative investment offering via Special Deposit to certificate or bond holders which were expected to be relatively safe ; which, were offered by Wall Street Firms to the secondary market through purported mortgage backed securities. ( Exhibit C ) XXXX XXXX XXXX XXXX XXXX. 























XXXX. XXXX XXXX XXXX had a XXXX XXXX XXXX XXXX XXXX XXXX completed by qualified expert in to verify the claims of this complaint. Affidavit of XXXX XXXX, XXXX. 
XXXX. XXXX XXXX XXXX is XXXX XXXX owner of the XXXX XXXX XXXX. With the XXXX Deed. 
XXXX. XXXX XXXX XXXX was issued an Uncertificated Security to execute in the capacity of ( Accommodation Party ) to a Tangible Note Bill of Exchange on XX/XX/XXXX regarding a purported loan to ( Accommodated Party ) Iberiabank Mortgage Company for {$190000.00}. 
XXXX. XXXX XXXX XXXX pledged a Constructive Deed of Trust granting Legal Title to Accommodate Iberia bank Mortgage Company to file against XXXX XXXX XXXX Superior Claim to Title filed in the Official Records of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, ( Deed of Trust ). 
XXXX. The purported Mortgage loan contracts between the parties are specific as to the duties of each party. 
XXXX. On or before XX/XX/XXXX, the Closing Date of the Trust, XXXX XXXX XXXX Deed of Trust was sold to the Trust. 
XXXX. There is no contemporaneous assignment of XXXX XXXX XXXX Deed of Trust to the Trust as underlying security for the Note. 
XXXX. XXXX XXXX XXXX Note and Deed of Trust are irreparably separated. 
XXXX. Any attempt to assign assets into the Trust after the Closing Date of the Trust is a violation of the terms of the Trust. 
XXXX. On XX/XX/XXXX an Assignment of Deed of Trust in the XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX. The XX/XX/XXXX assignment purports to assign to XXXX XXXX XXXX XXXX XXXX XXXX all right, title and interest in XXXX XXXX XXXX Deed of Trust. 
XXXX. To date, there is no assignment of XXXX XXXX XXXX Deed of Trust to the Trust as underlying security for XXXX XXXX XXXX Note. 
XXXX. XXXX XXXX XXXX Note and Deed of Trust are irreparably separated. 
XXXX. XXXX XXXX XXXX alleges that only the Depositor, XXXX XXXX, is the rightful party that can convey the asset into the trust pursuant to investor offering documents. 

An actual controversy has arisen and now exists between XXXX XXXX XXXX and IBERIA along with all there others specified hereinabove, regarding their respective rights and duties, in that XXXX XXXX XXXX contend that all the companies listed, and each of them, do not have an equitable right to foreclose on the Property because XXXX XXXX XXXX, and each of them, have failed to perfect any security interest in the Real Property collateral, or can not prove they have a valid interest as a real party in interest to the underlying Deed of Trust. Thus, the purported power of sale, or power to foreclose non-judicially, by the specified Compaines, and each of them, no longer applies. 
XXXX. XXXX XXXX XXXX request that the purported power of sale contained in the Deed of Trust is a nullity by operation of law, IBERIA / FIRST HORIZONS and other companies actions in the processing, handling and attempted foreclosure of this 1031 - Exchange involved numerous fraudulent, false, deceptive and misleading practices, including, but not limited to, violations of State laws designed to protect borrowers, which has directly caused XXXX XXXX XXXX to be at an equitable disadvantage to XXXX and the other companies listed, and each of them. XXXX XXXX XXXX further request that title to the Real Property remain in XXXX XXXX XXXX name and deem that any attempted sale of the Real Property is unlawful and void. 
MERS is excluded and can not be included as a Real Party in Interest in a securitized mortgage. MERS can not transfer an interest in Real Property, and can not recover anything from Plaintiffs. with unclean hands. 
IBERIA AND THE OTHER COMPANIES LISTED, through the actions alleged above, claim the right to illegally commence foreclosure sale of XXXX XXXX XXXX Real Property under the Deed of Trust on the Real Property via an in Rem action supported by false or fraudulent documents. Said unlawful foreclosure action has caused and continues to cause XXXX XXXX XXXX great and irreparable injury in that Real Property is unique. 
I have no other plain, speedy or adequate remedy and the injunctive relief to prevent irreparable loss. My family and myself have suffered and will continue to suffer unless IBERIA and other companies wrongful conduct is restrained and enjoined because Real Property is inherently unique and it will be impossible for myself to determine the precise amount of damage it will suffer. 





BREACH OF CONTRACT ( Against Iberia bank Mortgage XXXX ) The terms of the mortgage contract are clear. 

Pursuant to paragraph 23 Release, Iberia bank Mortgage Company and specifically MERS, their electronic agent, was obligated to satisfy, release and reconvey the beneficial security interest in XXXX XXXX XXXX pledged Deed of Trust upon payment of all sums associated with the release premium to Iberia bank Mortgage Company for Accommodated Party services rendered.

Iberia bank Mortgage Company was paid in full for their Accommodated capacity to the Tangible Note and Deed of Trust when it sold and relinquished its interest in XXXX XXXX XXXX real property to XXXX XXXX Iberia bank Mortgage Company failed to satisfy, release and reconvey the security instrument, thus breaching the terms found in paragraph XXXX of the Deed of Trust. 

FURTHERMORE, Since FIRST HORIZONS owns the responsibility of IBERIA BANK, I will continue to refer to FIRST HORIZONS as IBERIA, and I am asking for yo0u XXXX XXXX representative for IBERIA to give any rebuttals backed by the PERTINENT USC, UCC, CFR, any legal reference for a proper argument, presented in this forum. This Matter is obviously well researched and to reiterate, stands as fact by the doctrine of acquiescence. The failure to not take the proper positive action in favor of XXXX XXXX XXXX, from this honest complaint done in good faith with out recourse, will be seen as the an exhaustion of administrative process. Without remedy or relief from XXXX the fraud of IBERIA will be revealed the USUARY is the undertone and, the information will be properly submitted for Federal Judicial Review. Taking this communication in to account to be made whole, secure, recoup, the rightful interest in the interest in of the XXXX family. I look forward to your response and or especially private communication. 

Sincerely, By : XXXX XXXX XXXX XXXX XXXX XXXX XXXX