Consumer complaint received 2026-02-05 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: ARVEST BANK GROUP, INC.
State: MO

Complaint narrative:
XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, I am the Plaintiff. This letter serves as a formal request for all questions within this packet and judicial notice of multiple statutory defects regarding the Trustee 's Sale scheduled for XX/XX/XXXX. 

To all recipients : You are hereby demanded to immediately cease all foreclosure activity including the advertising of any sale, for the following reasons, plus many more : Let the record reflect : I am not here because of a failure to pay. I am here because I overpaid ; I paid too much for too long. For 25 years, I fully satisfied all obligationsfrom origination to maturity, via autopay, and often with overages. XXXX XXXX XXXX  and the Bankruptcy Court have both confirmed satisfied. The single document relied upon for the sale is contested, unaffirmed, unwitnessed, unsealed, void, and unsigned drafta 'ghost note ' never executed by the owners. This litigation has exposed the truth : payments were not applied to a valid debt, but were misappropriated. I demand the immediate refund of all misapplied funds and strict origination to current accounting of all accounts of Plaintiff Furthermore, this evidence effectively bars XXXX XXXX  and XXXX from proceeding in the future, as any default claims are inextricably linked to this same defective, merger. The Refund Demand would include all payments made after the Deed of Trust Release was Recorded ( approximately XXXX XXXX ) or Generations Only for the XXXX Bear State Closing Statements of accounts Closed and Paid, with no land liens on the credit report in XXXX. ) FEDERAL REPORTING NOTICE : A formal " Whistleblower '' complaint regarding the commingling of funds by Executive Officers and the enforcement of unsigned " Ghost '' securities has been simultaneously filed with the CFPB Office of Enforcement and the Federal Reserve Board. 

NOTICE OF DEFECTS & CAUSES OF ACTION ( Preservation of Claims & Motion to Dismiss Foreclosure ) COMES NOW Plaintiff XXXX  and submits this Notice of Defects, documenting seven ( 7 ) fatal legal failures that render the scheduled foreclosure sale void ab initio.

EXECUTIVE SUMMARY OF MAIN DEFECTS STATUTORY IMPOSSIBILITY : The sale scheduled for XX/XX/XXXX, has only 19 Days of public notice ( XX/XX/XXXX XX/XX/XXXX ) due to the Court 's TRO. RSMo 443.320 strictly requires 20 days. The sale is void. 

THE DRAFT NOTE : Arvest is foreclosing in XXXX on a XXXX Unsigned Draft. The property owners XXXX XXXX XXXX XXXX XXXX ) never signed this Note. The original XXXX loan was marked " Paid '' in XXXX. There is no valid lien on this property. 

COMMINGLING VEIL : On XX/XX/XXXX, a payment made to XXXX XXXX  ( Loan 20 ) was misapplied to the plaintiffsXXXX Arvest Bank ledger ( Loan 15 ). This sheds doubt on whether the entities are distinct or if they are being manipulated by a shared intelligence/privacy in violation of corporate separateness. 

I. THE CLOSED BANK DEAD CORPORATION Capacity & Standing Lack of Corporate Capacity : The " Appointment of Successor Trustee '' filed XX/XX/XXXX, lists XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX  as Grantors. Both banks ceased to exist years prior ( XXXX XXXX dissolved XXXX ). A dead corporation can not appoint an agent. 
Void Appointment : Because the Principal ( XXXX XXXX ) did not exist, the Agency ( XXXX XXXX XXXXXXXX ) was never validly created. XXXXXXXX XXXX  XXXX is a " stranger to the title '' with no authority to sell the home. 

Broken Chain of Title : There is no recorded assignment transferring the Note from XXXX XXXX to Arvest. The chain jumps from " Dead Bank '' to " Foreclosure '' without the necessary intervening assignment. 

XXXX. THE DRAFT NOTE ( Failure of Contract ) Unconsummated XXXX Draft : The document Arvest is enforcing through the Trustee Attorney is a XXXX Refinance Draft that was not approved by all parties when closing documents were not completed. 

Fact : The Note contains blank lines and is signed only by xxxxxxxxx Defect : The XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) never signed the Note. 

Result : A Deed of Trust can not be enforced against an XXXX for a debt the owners never executed. 

Judicial Estoppel ( The XXXX Bankruptcy ) : XXXX XXXX XXXX XXXX filed XXXX  XXXX Bankruptcy in XXXX. They listed all valid debts. This XXXX Note was excluded from their schedules. Its absence proves that, in XXXX, this debt did not legally exist. 

The " Paid '' XXXX Loan : The original XXXX Loan was stamped " PAID '' by XXXX XXXX  on XX/XX/XXXX. Since the XXXX loan is paid, and the XXXX loan was never signed, the property is unencumbered.

III. THE EXEC VEIL, RICO AND/OR Commingling Piercing the Corporate Veil : On XX/XX/XXXX, Plaintiff made a payment to XXXX XXXX ( Loan 20 ). This payment unlawfully appeared as a credit on the Arvest Bank ledger ( Loan 15 ).

Violation : Two separate banks can not share a general ledger. This proves that a single " Insider '' ( identified as a shared Executive for both entities ) is manipulating funds across corporate lines to manufacture a default. 

The " Synchronized Attack '' : XXXX XXXX  ignored Loan 20 for years. Exactly 24 hours after Arvest appointed a Trustee ( XX/XX/XXXX ), Generations appointed a Trustee ( XX/XX/XXXX ). This coordination indicates a pattern of racketeering activity ( RICO ) rather than independent collection efforts.

IV. FINANCIAL FRAUD & UNJUST ENRICHMENT The " Paid in Full '' Admission : XXXX XXXX XXXX  reported to credit bureaus that the account was " PAID IN FULL / CLOSED '' on XX/XX/XXXX ( Exhibit ). 

The XXXX XXXX XXXX Payout : The original XXXX Note was to be included in " Credit Life '' insurance. The XXXX " Paid in Full '' status coincides with the deaths of the XXXX XXXX XXXX XXXX XXXX XXXX ). It is believed it may be a possibility that the debt was satisfied by insurance proceeds not noticed by Plaintiff The " Green Income '' Admission : Arvest 's own portal classifies Plaintiff 's payments as " Uncategorized Income '' ( Green Text ) rather than Principal reduction, clouding the clarity of the accounting system and indicating no valid and reliable loan ledger. 

V. CONTEMPT OF COURT ( Procedural Violations ) Filing During TRO : This stone county XXXX  XXXX XXXX issued a Temporary Restraining Order ( TRO ) on XX/XX/XXXX. 

Constructive Notice & Duty of Inquiry : On XX/XX/XXXX ( Day 1 of the TRO ), XXXXXXXX XXXX XXXXXXXX filed a Lis Pendens at the XXXX XXXX Recorder of Deeds. As Officers of the Court actively filing documents in this jurisdiction, they had a duty to monitor the docket before acting. Regardless of formal Sheriff 's service, they were on constructive notice of the TRO entered the previous day. Filing a foreclosure document while physically interacting with the county records constitutes a willful disregard of the Courts active Order. 

Violation : On XX/XX/XXXX ( Day 9 of the TRO ), XXXXXXXX XXXX XXXXXXXX advertised the Notice of Sale in the newspaper. 

Result : These acts constitute direct Civil Contempt and spoliation of the Courts authority. 

VI. THE " MATH '' ( Statutory Notice Failure ) Violation of RSMo 443.320 : Missouri law mandates 20 days of public notice.

The Math : The TRO was active until XX/XX/XXXX. The first legal opportunity to publish was XX/XX/XXXX. The sale is XX/XX/XXXX. 

Calculation : XX/XX/XXXX to XX/XX/XXXX = 19 Days.

Authority : Kennon v. Camp. Strict compliance is required. A 19-day notice renders the sale void.

VII. EQUITABLE DEFENSES Laches : The Bank waited 6 years after the " Paid in Full '' status ( XXXX ) and 19 years after the " Draft '' error ( XXXX ) to act. They are barred by the Doctrine of Laches from fixing their paperwork errors now.

Unclean Hands : Arvest illegally withdrew {$420.00} from Plaintiffs account on XX/XX/XXXX ( after maturity ) and charged {$1200.00} in fees on XX/XX/XXXX ( during the TRO ). A party with " unclean hands '' is barred from equitable relief.

Adverse Possession ( Color of Title ) : Plaintiff and her predecessors have occupied the property openly, notoriously, and exclusively for 19 years since the failed XXXX " Draft '' transaction. Because the XXXX Deed of Trust was never consummated by the owners, the Bank has held no valid security interest since that date. Plaintiffs possession exceeds the 10-year statutory period ( RSMo 516.010 ), extinguishing the Bank 's claim.

1. Emergency Filing and Statutory Impossibility ( RSMo 443.320 ) On XX/XX/XXXX, I filed a " Notice of Defects & Statutory Impossibility '' with the XXXX XXXX XXXX XXXX. The scheduled sale date of XX/XX/XXXX, is statutorily void under RSMo 443.320. Due to the Courts Temporary Restraining Order ( TRO ), there are only 19 days of valid public notice ( XX/XX/XXXX to XX/XX/XXXX ). Missouri law requires publication for at least 20 times, and RSMo 443.325 requires at least 20 days ' written notice to the mortgagor. The TRO stayed all proceedings ; therefore, the publication clock could not legally run during that 15-day injunction.

2. Violation of Temporary Restraining Order On XX/XX/XXXX, XXXX XXXX signed a TRO effective for 15 days. Despite this judicial order to maintain the status quo, your firm continued public advertisements of the sale during the restricted period. This constitutes potential Contempt of Court and a bad-faith effort to cloud the title under judicial stay.

3. False and Deceptive Representations ( FDCPA Violation ) Public advertisements since XX/XX/XXXX, contain material inaccuracies, including an incorrect Grantor/Owner name and an incorrect legal description of the property. Broadcasting inaccurate information regarding a debt is a violation of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692e ).

4. Notice of Fraud and Evidence of Theft I have provided evidence of an unauthorized funds transfer ( theft ) from my account on XX/XX/XXXX. Furthermore, evidence shows that the XXXX Note being foreclosed upon was never executed by the property owners, XXXX and XXXX XXXX. 

5. Actual Notice of Litigation While formal service via the Sheriff is delayed due to weather-related county office closures, you are now on actual notice of this pending litigation. Proceeding with the sale while in possession of this notice will be deemed a willful violation of due process and cited as evidence of malicious intent in a claim for Wrongful Foreclosure.

Attached is the current Court Docket and Introduction of Defects TIMELINE : Stage ONE of SIX ( 32 Counts of preliminary progressive defects with case path established/pending/ready to file/discovery/notice DECLATORY JUDGMENT HEARING ) The 50 PLUS-page multipart filing, covering the " introduction '' for 6 of 32 Counts/Defects, is ready for filing and redaction discovery.

A response from the recipients/defendants/parties to the Plaintiff is warranted, and urgently sought.

A party with " unclean hands '' is barred from equitable relief. Adverse Possession ( Color of Title ) : Plaintiff and her predecessors have occupied the property openly, notoriously, and exclusively for 19 years since the failed XXXX " Draft '' transaction. Because the XXXX Deed of Trust was never consummated by the owners, the Bank has held no valid security interest since that date. Plaintiffs possession exceeds the 10-year statutory period ( RSMo 516.010 ), extinguishing the Bank 's claim. 7 WHEREFORE, Plaintiff requests this Court dismiss the foreclosure action and quiet title in the name of the Plaintiff. 
Respectfully Submitted, XXXX

Company response to consumer: Closed with explanation