Consumer complaint received 2025-05-29 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: UNITED COMMUNITY BANK
State: SC

Complaint narrative:
My 3rd request to get this matter resolved. I am writing in direct response to your letter dated XX/XX/year>, regarding the XXXX XXXX XXXX bearing my name, which is currently in your possession. It appears there is a material misunderstanding that requires immediate clarification. 
First, under 16 C.F.R. 433.2, the Retail Installment Contract clearly states : NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. 
XXXX is now a holder of this instrument. Therefore, XXXX is not a third-party observeryou are a party to the contract and, as such, are subject to all claims and defenses I may assert, including those arising from any unlawful securitization or improper accounting practices involving my financial instrument. 
Further, it is incorrect to state the collateral in question is the vehicle. On page 4 of the XXXX XXXX XXXX, under the section titled Security, it explicitly states : To secure your payments and performance under the terms of this contract This makes clear the contract and the Security Agreement, not the vehicle, are the primary assetscommercial paper capable of assignment, sale, or transfer, which is precisely what has occurred in this case. The vehicle is merely a contingent benefit from the contractnot the collateral itself. 
You also reference the assignment of security interest, yet the endorsement stamp reflects both the Retail Installment Contract AND Security Agreement were transferred to XXXX. This contradicts your claim that XXXX XXXX XXXX and XXXX XXXX XXXX XXXX ( ADFS ) retain collection authority. Your statement may therefore constitute a false, deceptive, or misleading representation in violation of 15 U.S.C. 1692e, as these entities can not collect if they are no longer the secured party. 
XXXX, as a security transfer agent, is bound by the terms of its fiduciary duties, including provisions in your SEC XXXX filings and Indenture Agreements. These documents make clear that you are required to surrender securities for cancellation when properly presentedthis is not discretionary. Furthermore, those same filings acknowledge me and my wife as holders of securities, which further reinforces our legal standing and entitlement to relief. 
Accordingly, I hereby AGAIN invoke my rights under UCC 9-210 ( a ). As the obligor, I am entitled to a full accounting and details of any secured interest or trust-related transfer. Please provide the following no later than XX/XX/year> : XXXX. Full Accounting : Complete transaction history : all payments, interest, fees, and charges assessed ; Current account balance with detailed breakdown ; All entries showing credits, debits, and any delinquency or charge-off designations. 
2. Assignment Documentation : Copy of the assignment and/or endorsement from Family Auto XXXX XXXX XXXX to XXXX ; XXXX chain of title evidencing your lawful right to enforce or collect on the obligation. 
XXXX. Securitization or Trust Information : Confirmation whether the account has been securitized or transferred into a trust ; If so, provide : The trust name and series ; Trustee name and contact information ; Date of transfer and names of the assigning parties ; Any applicable Pooling and Servicing Agreement ( PSA ) or custodial transfer documents. 
If XXXX intends to deny or ignore this request, then please provide your legal authority to do so. Mere your continue reference to internal policies or practices does not satisfy legal obligations under UCC, federal regulations, or securities law.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation