Consumer complaint received 2022-03-12
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: SELECT PORTFOLIO SERVICING, INC. (CA)

This was my response to a Select Portfolio Servicing when they tried to force and threaten me to pay them to which nothing is owed to them. We have no contract with them. 
LETTER SENT TO SPS This document is a Living Testimony in the form of an AFFIDAVIT and is in response to a letter from SPS Select Portfolio Servicing Inc. dated XX/XX/XXXX. 

The SPS letter is addressed to XXXX XXXX XXXX XXXX XXXX XXXX. The SPS letter is attached and returned with this response. Line one of the SPS letter states : YOUR MORTGAGE HAS BEEN REFERRED FOR LEGAL ACTION. 
The next line of SPS letter states SPS has referred your account for legal action, you may still be able to avoid foreclosure. 

XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man live in and own unencumbered 5 XXXX, XXXX XXXX XXXX XXXXXXXX ] I XXXX XXXX XXXX am an American woman with Inherited Sovereignty. I XXXX XXXX XXXX was born on American Soil. My husband is XXXX XXXX XXXX, an American man with inherited sovereignty. XXXX XXXX XXXX was born on American Soil. XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man are not XXXX citizens. XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man, identify as XXXX  XXXX XXXX XXXX. 

The SPS letter is addressed to XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX is a soulless legal fiction. XXXX XXXX is a soulless legal fiction. Soulless legal fictions can not contract. Any contract that may exist titled as addressed in this letter is not a woman or a man and therefore can not enter a contract. 

We, XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man, are not the legal fiction printed on the SPS letter. We XXXX XXXX XXXX and XXXX XXXX XXXX do not have a contract with SPS, nor do we consent. 

That said XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man will not ignore the letter from SPS. We XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man, agree to pay any financial obligation which we lawfully owe on the condition that SPS provide the following : 1. Validation of the debt that is the actual accounting. 
2. Verification of the SPS claim against XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man that is a signed invoice. 
3. A copy of the contract binding, both parties SPS and XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man in a letter by registered mail that there is an independent witness to it having been delivered. 
4. Full disclosure. Proof that XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man, were told that they would create the credit with our wet ink signature. 
5. Equal consideration. Proof that SPS brought something of value to the contracting table.

6. Lawful terms and conditions. The terms and conditions should not be based upon fraud.

7. The wet ink signatures of both parties. Corporations can not sign because they have no right or mind to contract since they are soul-less legal fictions ; and furthermore, no third party can sign a contract on their behalf. 

I XXXX XXXX XXXX and my husband XXXX XXXX XXXX do own land/property. As we XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man discovered in XXXX all our property is unencumbered from lawful interest. As we XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man and most everyone now know banks and financial institutions do not lend money. Banks are not able to loan their own or depositors money, under Federal Law. 

XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man were led to believe that a Promissory Note we sign is a document that binds us to make repayment of money that the lender ; XXXX XXXXXXXX XXXX XXXX  was loaning us to refinance property we acquired. There was no disclosure as to the effect that XXXX XXXX XXXX XXXX was not loaning any of their money to XXXX XXXX XXXX a woman and my XXXX XXXX XXXX a man and therefore the Bank took no risk whatsoever in the transaction. It was not disclosed to XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man that according to FEDERAL LAW, banks are not allowed to loan credit and are also not allowed to loan their own or their depositors money. 

In the federal courts, it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser or guarantor. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX F XXXX XXXX, XXXX XXXX XXXX ; A national bank has no power to lend its credit to any person or corporation. 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX denied in XXXX XXXX Ct XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX Banks steal money by letting their employees lie and pretend that the bank is lending money. 
In XXXX XXXX XXXX XXXX XXXXXXXX by their representatives lied and pretended to lend us, XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man money. XXXX XXXXXXXX XXXX did not lend XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man money. 
Instead XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man jointly by each of their signatures on a specified promissory note provided money/credit for their property. 
XXXX XXXX XXXX XXXXXXXX prepared a promissory note and a Deed of Trust for XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man to sign. The promissory note was signed but was flawed thereby inapplicable for its purpose. The Deed of Trust was never signed. The unsigned Deed of Trust is in XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man possession and control. 

XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man discovered the fraud perpetrated by XXXX XXXX XXXX  XXXX years after. Suspected fraud in the undertaking was confirmed via a professional audit and a hired detective. We, XXXX XXXX XXXX a woman and my husband XXXX XXXX XXXX a man filed a lawsuit against many actor Banks and Financial institutions who participated in this extended fraud. The lawsuit named XXXX XXXX XXXX XXXXXXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and SPS. 

As a result of this lawsuit the judge issued a minute order following a Defendant demurrer which led to dismissal of the case. Per the court order a real party in interest for any liability caused by XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX Federal Department Insurance Corporation FDIC. FDIC is a receiver of XXXX XXXX XXXX XXXXXXXX and the party in interest for liabilities caused and created by XXXX XXXX XXXX XXXX 

Based upon this order of the court we, XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man redirected our remedy and discovered another. This remedy is based upon public policy as outlined by TILA ( truth in lending act ). It is designed to punish banks who play outside of rules and ethics. This is most all banks. 
Based upon the Supreme Court ruling by XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man prepared a Notice of Right to Cancel original XXXX XXXX XXXX XXXXXXXX XXXX fraudulent transaction. The cancellation was notarized and mailed to the FDIC with supporting case law. 

According to law the FDIC had twenty days from the time it was received by them to object to XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man claims of cancellation. FDIC could do this by filing a lawsuit. No objection occurred. 

This letter/notice is XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man response to an SPS threat by inquiry that states money is owed to SPS. 

XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man response to SPS is that NO financial obligation to SPS exists by us that is owed to SPS. We have no contract and we do not consent. 

XXXX XXXX XXXX, a woman and XXXX XXXX XXXX are the victims in the fraud to which SPS did partake. The initial fraud was perpetrated by XXXX XXXX XXXX XXXXXXXX. 
XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man signed an inadequate promissory note. XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man are the only signatures that appear on the document. Under common law this was not and is not a contract. 

XXXX XXXX XXXX XXXXXXXX was printed on the front of the note as the lender. This was not true. XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man, their signature on the note created the money/credit to fund the transaction. XXXX XXXX XXXX XXXXXXXX did not disclose this nor did the bank disclose that the Note would be immediately sold and securitized. 

Fraud vitiates [ makes void ] any contract that arises from it. Fraud vitiates the most solemn contracts, documents and even judgments [ XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] In XXXX XXXX XXXX XXXX XXXX  claimed to be a servicer for a bankrupted XXXX XXXX XXXX  XXXX. This was not true. XXXX XXXX XXXX XXXX utilized a lie to pillage income and wealth from XXXX XXXX XXXX a woman and XXXX XXXX XXXX a man for 20 years. 
The following Criminal Codes have been and are violations perpetrated by XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, SPS and co-conspirators i.e., XXXX XXXX XXXX 

Notice of violation of 18 U.S. Code 1341 - Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency ( as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) ), or affects a financial institution, such person shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 

Notice of violation of 18 U.S. Code 1349 - Attempt and conspiracy ( two or more involved ) Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy Notice of violation of 18 U.S. Code 876 ( d ) Mailing threatening communications Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both. If such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both. 
Has any of the Fraud activity by SPS and XXXX XXXX and XXXX XXXX XXXX  XXXX crossed state lines in communications or other activities? Have there been at least two predicate acts of Fraud by the parties involved? Have the people involved used any type of electronic communication in this Fraud such as telephone, faxing or email? It is obvious that those questions will be answered with a resounding YES! If that is the case, then the Fraud that has been discussed here falls under the XXXX statutes of Federal Law. Didnt they eventually take down the mob for XXXX under XXXX statutes years ago? Is it time to take down the NEW MOB with XXXX once again? 
By : XXXX XXXX XXXX ' All Rights Reserved, Without Prejudice I am an American, with Inherited Sovereignty. I was born on American Soil.