Consumer complaint received 2025-10-20 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: NC

Complaint narrative:
This account was removed then placed back on my credit report without being notified. 

Good Faith Discovery Notice : Verification and Validation of Proof of Claim Requested Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent. 

Dear XXXXXXXX XXXX  XXXX ( Under the Truth in Lending Act pursuant to 15 USC 1601-1667j ( full disclosure ), I have a right to know who the true party of interest in this transaction is. As such, I am asking you to stipulate whether you are the holder in due course for my promissory note. If you are not the holder, then you admit to being the servicer of this obligation. 

Please also stipulate for the record whether or not my loan has been securitized, and if so, the name of the XXXX my loan is bundled with. 

Pursuant of U.C.C. - ARTICLE 3 -3-501 ( b ) 2 ( 1 ), I am entitled to demand presentation of the negotiable instrument. That demand is hereby ordered. I demand that you present for my visual inspection MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE and allonge in XXXX XXXX. This is required to establish your right of enforcement as Holder in XXXX XXXX via a chain of assignment as evidenced by the Note or Allonge. Claiming to be the the holder in due course as a statement is insufficient proof of status and is/will be rejected. A photocopy of the documents is insufficient proof as it does not answer the question of who CURRENTLY is the rightful and lawful holder in XXXX XXXX. 

If you are unable to provide this proof as I have requested within 30 days, then you admit to not being a party of interest and can not rightfully enforce your claim under U.C.C. - ARTICLE 3 3-301.

Under Title 12 226.39 ( regulation Z ) part ( a ), a servicer does not have the rights of a holder in due course and therefore, do not have the right to foreclose. You are hereby given notice that any attempt to foreclose on my property will be construed as prima fascia evidence that you are committing fraud. 

In a recent case law, it was ruled as follows : It is the creditors responsibility to keep a borrower and the Court informed as to who owns the note and mortgage and is servicing the loan, not the borrowers or the Courts responsibility to ferret out the truth It is worth repeating as a warning to lenders and servicers that the rules of this Court apply to them. Their private agreements and the frenzied trading market for mortgages do not excuse compliance with Bankruptcy Rules any more than they would justify ignoring the Bankruptcy Code. 

( In re XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) bankruptcy trial court decision ) Under US Code TITLE 15 > XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  this debt is now officially in dispute. By law, all collection activities must cease until this matter is resolved. You are hereby given notice. Blatant disregard for this law is subject to fines by the FTC. You are advised to consult legal council on this matter. 

I gave a formal notice that failure to respond to this letter through a verified and validated proof of claim within 30 days as I have asked for, point for point will be taken as an administrative default. 

Please be advised. A COPY of the said Note and or an Affidavit of Loss or any other forms will not be acceptable. 

Please contact me in writing to arrange for an appropriate point of inspection in XXXX XXXX, NC XXXX is very expensive and should be avoided at all costs. This is my good faith attempt to resolve this matter before I am forced to litigate against your company in both state and federal court. I am pleading with you to resolve this matter privately and civilly as to avoid burdening our courts with this matter. If I have to, I will see you in court. This is not an idle threat.

Company response to consumer: Closed with non-monetary relief