Consumer complaint received 2024-08-01 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Experian Information Solutions Inc.
State: FL

Complaint narrative:
I am sending this letter brought through the CFPB in an attempt to clarify what heretofore is a known concern. It is bought to my attention certain irregularities and possible contractual issues, including without limitation, those covered in TITLE 15 CHAPTER 41 SUBCHAPTER V 1692, A.R.S. 471-3101 through 3-4504, et al, concerning my alleged debt and/or obligation to you. This letter is a demand to resolve these issues in a manner that is fair and equitable to all parties. 

Be it known : I do not want to be a party to a fraudulent and/or unlawful contract ; This offer is not a waiver of presentment. This is an offer of compromise and, as such, the offeror shall be protected under Federal Rules of Evidence Rule 408. Acceptance of this offer by XXXX XXXX XXXX XXXX would require an agreement by both parties to the stipulation of A.R.S. 47-3604 and must include of waiver of rights by XXXX XXXX XXXX XXXX to appeal. I, XXXX XXXX, due hereby offer, in the interest of justice. 

A ) The opportunity for XXXX XXXX XXXX XXXX can make me whole on all costs incurred by me, ab initio, from the date of inception of the original contract to the present, for what may be a fraudulent and unlawful transaction on the part of XXXX XXXX XXXX XXXX can in return, I XXXX XXXX would agree to relinquish all rights to the property in question. For claritys sake, I, XXXX XXXX, will agree to walk away totally and completely from the discussed property, if and only if, XXXX XXXX XXXX XXXX can reimburses me totally and completely for all the cost of said property, including, without limitations, monthly payments, down payments, taxes, upgrades, etc. from the original date of the original purchase by me of the aforementioned property. 

B ) The opportunity for XXXX XXXX XXXX XXXX can Discharge the contract, since the only fraudulent acts committed were by XXXX XXXX XXXX XXXX can Affirming such negotiation would require XXXX XXXX XXXX XXXX can consider the said contract paid in full and immediately release any and all encumbrances on said property to me and deliver to me the deed post haste ; See : A.R.S. 47-3604. Discharge by cancellation or renunciation A. A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument : 1. By an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation or cancellation of the instrument, cancellation or striking out of the party 's signature or the addition of words to the instrument indicating discharge ; or XXXX. By agreeing not to sue or otherwise renouncing rights against the party by a signed writing. 

STATEMENT OF FACTS I ) Holder in due course : I bring to your attention a plethora of cases, XXXX in the last month, and the original case 40 years previous, establishing the validity of my concerns : A ) Cases : i ) A XXXX XXXX XXXX, XXXX. XXXX in Federal District Court in XXXX Ohio ruled to dismiss a claim by XXXX XXXX XXXX XXXX XXXX. XXXX 's XXXX subsidiary was seeking to take possession of 14 homes from XXXX residents living in them, in order to claim the assets. 
ii ) UNITED STATES XXXX XXXX XXXX XXXX OF OHIO XXXX XXXX AT XXXX IN RE FORECLOSURE CASES CASE NO. XXXX To satisfy Article IIIs standing requirements, a plaintiff must show : ( 1 ) it has suffered an injury in fact that is concrete and particularized and actual or imminent, not conjectural or hypothetical ; ( 2 ) the injury is fairly traceable to the challenged action of the defendant; and ( 3 ) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. XXXX, XXXX XXXX XXXX at XXXX. To show standing, then, in a foreclosure action, the plaintiff must show that it is the holder of the note and the mortgage at the time the complaint was filed ( XXXX ). The foreclosure plaintiff must also show, at the time the foreclosure action is filed, that the holder of the note and mortgage is harmed ( XXXX ). 

( XXXX ) I do not believe XXXX XXXX XXXX XXXX XXXX show it is the holder of the note and the mortgage at the time the complaint was filed. I also believe XXXX XXXX XXXX XXXX XXXX attempt to commit fraud upon the court in an attempt to persuade the court that XXXX XXXX XXXX XXXX is the holder of the note. 

( XXXX ) XXXX XXXX XXXX XXXX was not and is not harmed by the lack of payment and/or canceling of said note. XXXX XXXX XXXX XXXX did not risk any assets, money and/or the like and thusly was not be harmed. XXXX XXXX XXXX XXXX will be nothing more than an accomplice to a RICO Act violation by asserting any contention that they will suffer any losses or be harmed in any way. XXXX XXXX XXXX XXXX is simply currently cooperating with the FEDERAL RESERVEs plan as developed by XXXX ; ... Debts must be collected and loans and mortgages foreclosed as soon as possible. When, through a process of law, the common people have lost their homes, they will be more tractable and more easily governed by the strong arm of the law applied by the central power of leading financiers. People without homes will not quarrel with their leaders. This is well known among our principle men now engaged in forming an imperialism of capitalism to govern the world. By dividing the people we can get them to expend their energies in fighting over questions of no importance to us except as teachers of the common herd. 

iii ) XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX, IN THE XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX B ) Thusly, I do not believe that XXXX XXXX XXXX XXXX is the Holder in Due Course of the actual note : Absent the original note, XXXX XXXX XXXX XXXX can not be the Holder in Due Course for said note. Accordingly, XXXX XXXX XXXX XXXX can not lawfully and/or legally foreclose on said property. 

XXXX XXXX XXXX XXXX HAS NO FORECLOSUSER RIGHTS ON SAID XXXX IN THE STATE OF FLORIDA. 

See : ARS 47-3302. Holder in due course A. Subject to subsection C of this section and section 47-3106, subsection D, " holder in due course '' means the holder of an instrument if : 1. The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity ; and 2. The holder took the instrument : ( a ) For value ; ( b ) In good faith ; ( c ) Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series ; ( d ) Without notice that the instrument contains an unauthorized signature or has been altered ; ( e ) Without notice of any claim to the instrument described in section 47-3306 ; and ( f ) Without notice that any party has a defense or claim in recoupment described in section 47-3305, subsection A.

B. Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection A of this section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment or claim to the instrument. 
XXXX Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken : XXXX. By legal process or by purchase in an execution, bankruptcy or creditor 's sale or similar proceeding ; XXXX. By purchase as part of a bulk transaction not in ordinary course of business of the transferor ; or XXXX. As the successor in interest to an estate or other organization. 

C ) Thusly, I do not believe that the note m XXXX XXXX XXXX XXXX ay or may not have is a valid negotiable instrument due to the requirement in Colorado that in order for a negotiable instrument held by a Holder in Due Course to be valid said note MUST be for a sum certain. Such requirement, by definition, precludes any and all notes containing variable interest rate clauses. Even if a note is considered valid, and the Holder has the original note, said Holder shall only be considered in State a Holder for value and can NOT be a Holder in Due Course. Rights of the latter are sufficiently different from rights of the former, and by sustaining any different belief any licensed attorney misrepresenting the former as the latter, and/or vice versa, would be committing such act willfully. 

D ) Thusly, I do believe that through some series of secret and malicious transactions XXXX XXXX XXXX XXXX has transferred the note, and thusly all rights to collect on said note. Absent the original notes presentation to the court, my belief would lead to a favorable conclusion by the court that would allow for a directed verdict and summary judgment in my favor. 

XXXX ) Banks can not lend credit : Bank transactions require a legal object and purpose. In this instant matter, XXXX XXXX XXXX XXXX may have committed the following illegal acts, fraudulent representation of facts, lending of credit instead of money ( which is illegal in and of itself ) and leads to fraudulent consideration. I cite for your review the following cases ; See : In the federal courts, it is well established that a national bank has not power to lend its credit to another by becoming surety, endorser, or guarantor for him. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " A national bank has no power to lend its credit to any person or corporation... XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often ... XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. 

See : A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be cited, which-would look like a catalog of ships. [ Emphasis added ] XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " Neither, as included in its powers not incidental to them, is it a part of a bank 's business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,... Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " It is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. '' XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. '' XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " A bank can lend its money, but not its credit. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
See : " ... the bank is allowed to hold money upon personal security ; but it must be money that it loans, not its credit. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes 'fraud, ' and entitles party deceived to avoid contract or recover damages. 'XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : " Any conduct capable of being turned into a statement of fact is representation. There is no distinction between misrepresentations effected by words and misrepresentations effected by other acts. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : If any part of the consideration for a promise be illegal, or if there are several considerations for an unseverable promise one of which is illegal, the promise, whether written or oral, is wholly void, as it is impossible to say what part or which one of the considerations induced the promise. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : The contract is void if it is only in part connected with the illegal transaction and the promise single or entireXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

See : It is not necessary for rescission of a contract that the party making the misrepresentation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow one who made false representations, even innocently, to retain the fruits of a bargain induced by such representations. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. 


XXXX ) Laws of Contracts : If the documents fail to provide all of the necessary elements of a contract then the contract was never legally executed and is void ab initio and no debt is owed. 

See law of contracts and Statute of Frauds ; A ) Law of contracts ; In common law, there are three key elements to the creation of a contract. These are offer and acceptance, consideration, and an intention to create legal relations. In civil law systems the concept of consideration is not central. In addition, for some contracts formalities must be complied with under what is sometimes called a statute of frauds. 

B ) Statute of Frauds ; A type of state law, modeled after an old English law that requires certain types of contracts to be in writing. Every state has some type of statute of frauds ; the law 's purpose is to prevent the possibility of a nonexistent agreement between two parties being " proved '' by perjury or fraud. This objective is accomplished by prescribing that particular contracts not be enforced unless a written note or memorandum of agreement exists that is signed by the persons bound by the contract 's terms or their authorized representatives. If one party can establish that the other party has failed to perform, the contract is legally unenforceable because it has not satisfied the requirement of the statute, then the first party can not be liable for its breach. 

XXXX ) Agreement to stop payments : XXXX XXXX XXXX XXXX has 30 days to respond to me as to which offer they decide to choose. If XXXX XXXX XXXX XXXX decides to not respond within 30 days, they are hereby agreeing to offer B ) and will delivery to me the deed for the respective property and thusly agree to take no action against Me and will Discharge by cancellation, per A.R.S. XXXX, the respective mortgage. Absence of a response by XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX agrees that their acquiescence stands as their agreement. 
Moreover, XXXX XXXX XXXX XXXX silence is also a fraud, pursuant to XXXXXXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading ). Notification of legal responsibility is the first essential of due process of law. XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, XXXX. 

NOTICES : Notice for the agent is notice for the principal ; Notice for the principal is notice for the agent. 

This letter shall be considered lawful notice that XXXX XXXX XXXX XXXX has been lawfully informed that presenting a copy of a note is fraud upon the court. In law, especially in court, only the actual wet inked signature note can be admitted into evidence. If XXXX XXXX XXXX XXXX attempts to enter into evidence a copy of said note this letter shall be used as XXXX XXXX evidence XXXX XXXX XXXX XXXX and/or its representatives and/or attorneys are purposely, with malice aforethought, attempting to perpetrate a fraud against Me and the court. XXXX XXXX XXXX XXXX and/or its representatives and/or attorneys shall be held liable, criminally and/or civilly, for such action. A copy of my signature is not my signature. 


I hereby invoke all of the protection guaranteed me under all Titles, Codes, Statutes and/or laws, the Colorado Constitution and the Constitution for these united States .

WARNING FOR BENEFIT OF ALL PARTIES DO NOT ATTEMPT TO OFFER INTO EVIDENCE A COPY OF THE NOTE ; A HOLDER IN DUE COURSE MUST SUPPLY THE ORIGINAL NOTE ; ABSENT THE ORIGINAL NOTE ANY PARTY CLAIMING TO BE THE HOLDER IN DUE COURSE IS PURPOSELY, WITH MALICE AFORETHOUGHT, COMMITTING FRAUD UPON THE COURT AS EVIDENCED BY THIS NOTICE.

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