Consumer complaint received 2025-02-10 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: NY

Complaint narrative:
FORMAL NOTICE OF CANCELLATION OF INSTRUMENTS & DECLARATION OF UNSECURED DEBT UNDER NEW JERSEY LAW & UCC Dear Registered Agents for Bank XXXX XXXX, XXXX, Bank of New York Mellon, MERS, XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX. : This formal notice is served upon you pursuant to New Jersey statutory law ( NJSA ), Uniform Commercial Code ( UCC ), and federal law as legal notification and demand for the cancellation of fraudulent mortgage instruments, removal of clouded title, and the declaration of a {$330000.00} debt as an unsecured fraudulent obligation due to double pledging and failure to transfer the note into XXXX XXXX & XXXX XXXX. 

This demand includes : 1. The immediate cancellation of all fraudulent mortgage assignments, false mortgage discharges, and related void instruments.

2. A declaration that the mortgage debt is unsecured and unenforceable due to the failure of XXXX XXXX XXXX and Bank of New York Mellon to properly transfer the mortgage note into the RMBS trusts.

3. Legal notice that failure to comply within 30 days will result in legal action, including a lawsuit for cancellation of instruments, a RICO complaint, and regulatory filings with the SEC, FBI, and HUD OIG. 




-- - I. LEGAL BASIS FOR CANCELLATION OF INSTRUMENTS UNDER NEW JERSEY LAW & UCC This demand is supported by the following New Jersey statutory provisions and Uniform Commercial Code ( UCC ) sections applicable to fraudulent commercial transactions and improper assignments of negotiable instruments : 1. New Jersey XXXX XXXX XXXX XXXX of Title ( XXXX XXXX ) NJSA XXXX provides that fraudulent or falsely recorded mortgage instruments must be canceled upon proof of fraud. 

A mortgage discharge recorded by a party lacking legal standing constitutes a fraudulent lien release and must be expunged. 


2. New Jersey Uniform Fraudulent Transfer Act ( NJSA XXXX et seq. ) XXXX XXXX  XXXX and Bank of New York Mellon engaged in fraudulent mortgage transfers by pledging the mortgage to multiple trusts without valid assignments. 

Under NJSA 25:2-25, any transfer made with intent to defraud creditors or investors is voidable. 


3. New Jersey UCC Article 3 ( NJSA 12A:3-301 Enforcement of Negotiable Instruments ) Only the " holder in due course '' of a note can enforce payment or execute a discharge. 

Since no assignment exists from Countrywide to XXXX XXXX or XXXX XXXX, neither XXXX XXXX XXXX nor Bank of New York Mellon had standing to enforce or discharge the mortgage. 

Pursuant to NJSA 12A:3-305, a borrower may assert fraud, lack of consideration, or illegality to prevent enforcement of a void instrument.

4. Double Pledging & Securities Fraud ( SEC Rule 10b-5 & NJSA 49:3-52 ) Countrywide Home Loans falsely pledged the mortgage into both CWABS 2007-6 and CWABS 2007-9 without a valid assignment.

This violates SEC Rule 10b-5 and NJSA 49:3-52, which prohibit deceptive practices in securities transactions. 



-- - II. DEMAND FOR CANCELLATION OF FRAUDULENT INSTRUMENTS The following instruments are fraudulent and must be canceled in the County Recorders Office : 1. The original mortgage recorded under Countrywide Home Loans ( now XXXX XXXX XXXX XXXX XXXX. 


2. The fraudulent mortgage discharge executed by XXXX XXXX XXXXXXXX via Recontrust, N.A. and First American Mortgage Solutions.

3. Any false assignments of mortgage purporting to transfer ownership to CWABS 2007-6 or CWABS 2007-9.

-- - III. DEMAND FOR DECLARATION OF UNSECURED DEBT The {$330000.00} mortgage debt must be declared unsecured because the note was never properly transferred to the RMBS trusts.

Since the trusts never lawfully obtained possession of the note, the mortgage is void and unenforceable.

-- - IV. NOTICE OF LEGAL ACTION IF NO RESPONSE IS RECEIVED You are hereby placed on legal notice that failure to provide the requested documentation within 30 days will result in : 1. A lawsuit for the cancellation of fraudulent instruments and a quiet title action.

2. Filing of a RICO complaint against your institutions for fraudulent mortgage assignments, double pledging, and recording fraud. 


3. Formal complaints filed with the SEC, FBI, and HUD OIG for securities fraud and fraudulent government filings. 



This is your final notice before legal proceedings begin. 

Failure to comply will result in immediate legal escalation. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX # XXXX ( XXXX ) XXXX XXXX XXXX

Company response to consumer: Closed with explanation