Consumer complaint received 2019-10-25
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: State Home Mortgage (GA)

AFFIDAVIT OF TRUTH 1. According to USC 1602 ( I ),  XXXX XXXX XXXX is considered a consumer, in that the home mortgage transaction of XX/XX/XXXX was for personal, family and household purposes, regarding the real property at XXXX XXXX XXXX, XXXX, Georgia. 
2. Georgia XXXX and XXXX XXXX  ( XXXX  )  was the assignee of a security deed given to XXXX Mortgage in XX/XX/XXXX. XXXX XXXX XXXX ( of XXXX and XXXX, XXXX ) is an agent for XXXX. State Home Mortgage ( SHM ) is a loan servicer ( also an agent ) for Georgia XXXX and XXXX XXXX. Neither State Home Mortgage, nor Georgia XXXX and XXXX XXXX are registered with the Georgia Secretary of State, as any type of corporation. 
3. State Home Mortgage harmed XXXX XXXX XXXX, by violating OCGA 11-3-603 ( b ).  Beginning in XX/XX/XXXX, she mailed in 8 tenders of payment, on time, via certified mail, to mortgage account XXXX, as follows. 
1. XX/XX/XXXX, personal check XXXX, this check was processed in a timely fashion Apr XXXX, personal check XXXX, this check was returned, claiming it was not acceptable. XXXX XXXX XXXX sent the check back to State Home Mortgage, noting that there was no defect with the check, seeing that they had processed the previous month 's check completed in the same fashion. XXXX check was held by SHM, and never processed. 
2. XX/XX/XXXX, personal check XXXX, this check was processed in a timely fashion XXXX. XX/XX/XXXX, personal check XXXX, this check was returned, now with the excuse that 2 months ' payments were outstanding. XXXX XXXX XXXX also returned this check to State Home Mortgage, noting that they had processed both the XX/XX/XXXX and XX/XX/XXXX checks, with no issue, and that they should also immediately process the XXXX and XXXX checks. XXXX check was held and never processed. 
4. XX/XX/XXXX, personal check XXXX, XXXX check was held and never processed. 
5. XX/XX/XXXX, cashier 's check XXXX XXXX XXXX. XXXX cashier 's check was held and never processed. 
6. XX/XX/XXXX, personal check XXXX, XXXX check was held and never processed. 
7. XX/XX/XXXX, personal check XXXX, XXXX check was held and never processed. 

The above acts constitute multiple violations of ( Georgia Code ) OCGA 11-3-603 ( b ) - If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge.

Relief sought : Discharge of the 6 months payments that were tendered on time, to State Home Mortgage, Remove any late fees accrued, Return of all 7 of the instruments listed above, which should not have been held by any loan servicer, for any extended number of days.

3. As a result of the tenders of payments refused by State Home Mortgage, XXXX XXXX XXXX has been harmed, by putting the mortgage account XXXX in default status, not to mention the missed work, required to address this situation and related stress. 
4. State Home mortgage never responded to affidavits delivered on XX/XX/XXXX to the default department, and XXXX, XXXX XXXX, requesting that the refused payments be processed. 
5. Recently, State Home Mortgage and/or Georgia XXXX and XXXX XXXX contracted with law firm, XXXX XXXX XXXX XXXX XXXX ( via Atty XXXX XXXX ), to threaten XXXX XXXX XXXX with foreclosure, under the power of sale in a security deed, transferred to Georgia XXXX and XXXX XXXX in XXXX of XXXX. 
6. However, the Promissory Note that XXXX XXXX XXXX made out to Brand Mortgage ( the loan originator ), was never transferred to Georgia XXXX and XXXX XXXX, along with the corresponding security deed. With these two instruments bifurcated, Georgia XXXX and XXXX XXXX HAS NO STANDING TO FORECLOSE on the property in question ( XXXX XXXX XXXX, XXXX, Georgia ). 
7. XXXX XXXX XXXX did request ( in writing ) specific verification that Georgia XXXX and XXXX XXXX is the present holder in due course, of the corresponding promissory note, from Atty XXXX XXXX, by XX/XX/XXXX. No reply was received as of XX/XX/XXXX. Therefore, I understand that Georgia XXXX and XXXX XXXX is not the holder in due course of the promissory note. 
8. As such, Atty XXXX XXXX and State Home Mortgage ( as agents for Georgia XXXX and XXXX XXXX ), are both in violation of USC 15, 1692 ( f ) ( 6 ), ( unfair debt collection practices ) by threatening foreclosure to the consumer, XXXX XXXX XXXX, and causing me and my family extraordinary hardship and stress. 
Relief Sought : Cancel Invalid Security Deed, Remove late fees, Remove derogatory reports to credit bureaus 9. Contacting me again after receipt of this notice without providing procedurally proper validation of the debt, constitutes the use of interstate communications in a  scheme of fraud, by advancing a writing, which is false, with the intention that others rely on the written communication to their detriment ; a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.