Consumer complaint received 2025-10-15 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — Fees or costs during the application process
Company: AMERISAVE MORTGAGE CORPORATION
State: NC

Complaint narrative:
On XX/XX/XXXX ; We, XXXX XXXX and XXXX XXXX XXXX XXXX ( certified mail ) an XXXX XXXXf Fact & Opportunity to Cure - XXXX mailed XXXX copy of the Note ; Deed of Trust XXXX XXXX XXXX XXXX XXXX made. XXXX didn't respond to the demand of Original wet-ink promissory note with all endorsements and chain of possession ; Full chain of title, assignment, and securitization records ; Proof of Amerisaves standing as creditor and holder in due course ;. Amerisave Mortgage Corporation failure to respond to all demands according to ( RESPA ) is Acquiescence. 

On XX/XX/XXXX, I mailed XXXX the FINAL XXXX OF FRAUD, RESPONSE TO DEFECTIVE REPLY, NOTICE OF CLAIM, CEASE & DESIST, AND INTENT TO XXXX ; notarized, XXXX XXXX mail return receipt requested; up to date XX/XX/XXXX XXXX MORTGAGE has failed to respond : Please view XXXX listed below : XXXX XXXX OF FRAUD, RESPONSE TO DEFECTIVE REPLY, NOTICE OF CLAIM, CEASE & DESIST, AND INTENT TO XXXX ENFORCEMENT WARNING BE ADVISED : Under UCC 3-301 and UCC 3-501 ( b ) ( 2 ), only the holder of the original wet-ink promissory note XXXX enforce this loan. All copies, reproductions, electronic versions, or endorsements without original possession are legally null and void for enforcement purposes. Any attempt to collect, foreclose, or assign without the original note is unlawful and constitutes fraud. 

Affiants/Claimants : Cennie-Mae of XXXX XXXX XXXX Trust/Estate, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Trustee, Secured Party XXXX and XXXX ( XXXX XXXX as Borrower by XXXX ) XXXX Financing Statement & XXXX XXXX XXXX, Pages XXXX ( recorded XXXX c/o XXXX XXXX XXXX, XXXX, NC XXXX AND XXXX XXXX, a XXXX XXXX, XXXX XXXX XXXX Party and XXXX XXXX improperly designated as Borrower ) c/o XXXX XXXX XXXX, XXXX, NC XXXX Property : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX North Carolina XXXX Loan No. : XXXX ( Refinance from Rocket Mortgage to AmeriSave Mortgage Corporation ) Security Instrument : Deed of Trust dated XX/XX/XXXX To : AmeriSave Mortgage Corporation XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, IL XXXX Cc : AmeriSave Mortgage Corporation XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX, GA XXXX Mortgage XXXX XXXX XXXX XXXX XXXX ( MERS ) XXXX XXXX XXXX, XXXX XXXX, XXXX, VA XXXX XX/XX/XXXX Title, LLC XXXX XXXX XXXX, XXXX XXXX, XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, MI XXXX Date : XX/XX/XXXX I. BACKGROUND AND PRIOR NOTICE On XX/XX/XXXX, XXXX served a Formal Notice Affidavit of Fact & Opportunity to Cure upon AmeriSave Mortgage Corporation. 

XXXX Notice demanded production of lawful documents, including but not limited to : a. The original wet-ink signed promissory note ( no copies ). 
b. The full chain of title, assignments, and securitization records. 
XXXX XXXX of XXXX lawful standing as creditor and holder in due course. 
d. Evidence of actual loan funding at origination ( XXXX ) including wire transfer details, cashiers check, canceled checks, ledgers showing disbursement of funds, and proof of deposit into XXXX accounts. 

XXXX failed to provide all requested documents, instead asserting that it need not provide confidential or non-required information. This constitutes a material misrepresentation, as federal statutes, XXXX provisions, and case law establish otherwise. 

XXXX. STATEMENT OF FRAUD AmeriSaves Note states : In return for a loan I have received yet Affiants never received loan proceeds, lawful funds, electronic transfer, or cashiers check. This is fraud in the factum, voiding the contract under UCC 3-305 ( a ) ( 1 ) ( iii ). 

No XXXX, agent, or representative of XXXX signed the Note or Deed of Trust. Under UCC 3-401 ( a ), no party is liable on an instrument unless it is signed by both parties who had a meeting of the minds. XXXX has no valid claim. 

Only the holder of the ORIGINAL wet-ink promissory note XXXX enforce the debt. Copies, reproductions, or electronic versions are legally insufficient under : UCC 3-301 : Rights to enforce an instrument are limited to its holder.

UCC 3-501 ( b ) ( XXXX ) : Endorsements and possession of the original note are required ; a copy can not be enforced. 
In XXXX CFPB complaints, XXXX falsely stated XXXX XXXX XXXX XXXX not an applicant on any loan applications in process, nor authorized to receive information as a third party, while simultaneously producing documents listing her as borrower. This is fraudulent concealment and bad faith. 

This was a refinance from XXXX Mortgage, which satisfied the prior XXXX. No reconveyance was recorded, leaving a fraudulent cloud on title. 

MERS is listed as XXXX, though it funded nothing, has no beneficial interest, and is a mere nominee. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX ), holds that the mortgage can not be enforced without lawful ownership of the Note. 

XX/XX/XXXX XXXX XXXX was appointed Trustee without XXXX lawful consent, interfering with their status as XXXX XXXX their own estate. 

XXXX vitiates everything. XXXX XXXX XXXX ; United States v. XXXX, XXXX XXXX XXXX ( XXXX ) ; Restatement ( Second ) of Contracts XXXX ; UCC XXXX XXXX b ). 

XXXX. APPLICABLE LAW 18 U.S.C. 1344 Bank Fraud and 18 U.S.C. 1343 Wire Fraud : false pretenses, phony accounting, refusal to produce funding evidence = fraud.

18 U.S.C. 8 : Defines obligations of the U.S. ; private credit from Affiants signatures is not lawful money.

12 U.S.C. 1813 : Defines insured depository institutions ; AmeriSave is not a bank and did not loan lawful funds.

12 U.S.C. 411 : Only Federal Reserve Notes are legal tender. None were provided to Affiants.

31 U.S.C. 5118 ( d ) ( 2 ) : If no lawful money was advanced, no enforceable debt exists.

15 U.S.C. 10 : Requires full disclosure ; AmeriSave concealed lack of loan funds.

Restatement ( Second ) of Contracts 163-164 : Fraud renders contracts void.

United States v. Throckmorton, 98 U.S. 61 ( 1878 ) : XXXX vitiates even the most solemn contracts. 
Constitutional Protections : XXXX Amendment : protects against unlawful XXXX of property by fraudulent XXXX. 
XXXX Amendment : due process ; deprivation of property without lawful cause. 
XXXX Amendment : preserves trial by jury ( demanded if challenged ). 
XXXX & XXXX Amendments : reserve rights to the people. 
XXXX XXXX & UCC XXXX XXXX b ) ( XXXX ) : Only the holder of the original, wet-ink signed promissory note XXXX enforce the instrument ; copies, electronic reproductions, or assignments without original possession are null and void for enforcement purposes. 
IV. NOTICE OF CLAIM AND DEMAND Affiants hereby demand, within XXXX business days, certified proof of : a. Original wet-ink promissory note with all endorsements and chain of possession. 
b. Note signed by lenders authorized XXXX. 
XXXX XXXX of loan funding ( wire transfer confirmations with trace numbers, dates, accounts, payees ). 
XXXX XXXX cashiers check, deposit ledgers, or canceled check images into XXXX accounts. 
e. Full chain of title and securitization records. 
f. Evidence of XXXX lawful standing as creditor and holder in due course. 
g. XXXX Closing XXXX or settlement statement showing actual flow of funds. 

Failure to provide constitutes admission of fraud, lack of standing, and unlawful XXXX. 

V. CEASE & DESIST XXXX, MERS, and XX/XX/XXXX XXXX XXXX are hereby ordered to CEASE AND DESIST from any collection, foreclosure, or enforcement until validation is produced. 

Any attempt to enforce without validation shall be deemed WILLFUL FRAUD, TRESPASS, and UNLAWFUL CONVERSION. 

VI. INTENT TO XXXX If demanded documents are not produced within XXXX business days, Affiants shall : a. Record this Affidavit and Claim of Interest / Notice of XXXX in the XXXX XXXX XXXX of Deeds ( XXXX XXXX XXXX, Pages XXXX ). 
b. File suit to quiet title, seek declaratory judgment voiding the Note/Deed of XXXX, and pursue injunctive relief against foreclosure or transfer. 
XXXX Pursue damages, costs, and attorneys fees in the amount of {>= $1,000,000} ( XXXX XXXX Dollars ) against AmeriSave Mortgage Corporation, MERS, and XX/XX/XXXX Title LLC. 
XXXX Supplement CFPB complaints and notify the NC Attorney XXXX XXXX XXXX XXXX. 
e. Seek immediate emergency injunction if unauthorized foreclosure, sale, or assignment is attempted before cure period. 

XXXX. RESERVATION OF RIGHTS Affiants expressly reserve all rights, remedies, and defenses under XXXX XXXX and UCC XXXX XXXX b ). Nothing herein shall be construed as a waiver of any rights at law or equity. 

XXXX. XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX XXXX solemnly swear under penalty of perjury that the foregoing XXXX is true, correct, complete, and made in good faith. 

Signatures By : ___________________________ Cennie-Mae XXXX XXXX XXXX Party XXXX XXXX, Beneficiary By : ___________________________ XXXX XXXX XXXX XXXX Party XXXX XXXX, Beneficiary Date : ___________ North Carolina XXXX XXXX XXXX XXXX North XXXX XXXX XXXX XXXX On this ____ day of __________________, XXXX, before me, the undersigned Notary Public, personally appeared Cennie-Mae XXXX and XXXX XXXX XXXX known XXXX XXXX or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained. 

In witness whereof, I hereunto set my hand and official seal. 

XXXX XXXX XXXX XXXX Expires : ____________

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation