Consumer complaint received 2024-04-01
Product: Debt collection — Mortgage debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: TJC Mortgage, Inc. (TX)

TJC Mortgage, XXXX, & XXXX XXXX are actively engaged in Mortgage and securities fraud. TJC Mortgage received my promissory note which is the security that is being traded and sold to for profits. Each company is required to register the transactions with the SEC but these transactions have went undocumented and therefore this is fraud. TJC Mortgage sold the contract to XXXX and XXXX reincorporated and is now known as XXXX XXXX but XXXX XXXX is a servicer and by the very definition provided by federal law servicers hold loans but do not collect furthermore without a contract between XXXX XXXX this is a dispute that if real property so XXXX XXXX is obligated to prove the ownership and they have provided me with no evidence that I agreed to any such agreement that I would repay money not legally and lawfully owed. I attempted to arbitrate my claims against XXXX XXXX and they declined to the proceedings so this my final attempt before initiating a lawsuit me all XXXX parties where I will ask who is the lawful owner and request production of the original note to prove ownership. 

servicer ( XXXX ) Servicer The term servicer means the person responsible for servicing of a loan ( including the person who makes or holds a loan if such person also services the loan ). The term does not include ( A ) the Federal Deposit Insurance Corporation or the XXXX XXXX XXXX, in connection with assets acquired, assigned, sold, or transferred pursuant to section 1823 ( c ) of this title or as receiver or conservator of an insured depository institution ; and ( B ) the Government National Mortgage Association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Resolution Trust Corporation, or the Federal Deposit Insurance Corporation, in any case in which the assignment, sale, or transfer of the servicing of the mortgage loan is preceded by ( i ) termination of the contract for servicing the loan for cause ; ( ii ) commencement of proceedings for bankruptcy of the servicer ; or ( iii ) commencement of proceedings by the Federal Deposit Insurance Corporation or the Resolution Trust Corporation for conservatorship or receivership of the servicer ( or an entity by which the servicer is owned or controlled ).

( a ) [ Attachment. ] A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.

( b ) [ Enforceability. ] Except as otherwise provided in subsections ( c ) through ( i ), a security interest is enforceable against the debtor and third parties with respect to the collateral only if : ( 1 ) value has been given ; ( 2 ) the debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party ; and ( 3 ) one of the following conditions is met : ( A ) the debtor has authenticated a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned ; ( B ) the collateral is not a certificated security and is in the possession of the secured party under Section 9-313 pursuant to the debtor 's security agreement; ( C ) the collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Section 8-301 pursuant to the debtor 's security agreement; or ( D ) the collateral is deposit accounts, electronic chattel paper, investment property, or letter-of-credit rights, and the secured party has control under Section 9-104, 9-105, 9-106, or 9-107 pursuant to the debtor 's security agreement.

( c ) [ Other UCC provisions. ] Subsection ( b ) is subject to Section 4-210 on the security interest of a collecting bank, Section 5-118 on the security interest of a letter-of-credit issuer or nominated person, Section 9-110 on a security interest arising under Article 2 or 2A, and Section 9-206 on security interests in investment property.

( d ) [ When person becomes bound by another person 's security agreement. ] A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this article or by contract : ( 1 ) the security agreement becomes effective to create a security interest in the person 's property; or ( 2 ) the person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.

( e ) [ Effect of new debtor becoming bound. ] If a new debtor becomes bound as debtor by a security agreement entered into by another person : ( 1 ) the agreement satisfies subsection ( b ) ( 3 ) with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and ( 2 ) another agreement is not necessary to make a security interest in the property enforceable.

( f ) [ Proceeds and supporting obligations. ] The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by Section 9-315 and is also attachment of a security interest in a supporting obligation for the collateral.

( g ) [ Lien securing right to payment. ] The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.

( h ) [ Security entitlement carried in securities account. ] The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.

( i ) [ Commodity contracts carried in commodity account. ] The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.