Consumer complaint received 2024-11-18 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Payment process
Company: U.S. BANCORP
State: FL

Complaint narrative:
I am submitting this complaint against US Bank. 
I received a Notice of Default letter form US Bank. I am confused regarding this letter. I have requested for an authenticated Statement of Account which to this day I have yet to receive. Mailed via Certified Mail XXXX XX/XX/XXXX, Tracking # XXXX XXXX XXXX XXXX XXXX XXXX. Received on XX/XX/XXXX, at XXXX. Which US Bank had 14 days to respond as per the Uniform Commercial Code 9-210 and Florida Statute 679.210 ( 1 ) ( d ) & ( 5 ). What was sent was dated XX/XX/XXXX. Clearly past the 14 days required by law and only copies of past payments and a printout of payments made the past few years without an actual authenticated Statement of Account. A Letter of Default was then mailed on XX/XX/XXXX, via Certified Mail tracking # XXXX XXXX XXXX XXXX XXXX XXXX. Received on XX/XX/XXXX, at XXXX XXXX. No response received regarding the default notice. A Payoff letter ( Negotiable Instrument ) was sent to me with the XX/XX/XXXX envelope and a as sign of good faith I endorsed the order to pay and remitted back Without Recourse payable to US Bank via Registered Mail tracking # RF XXXX XXXX XXXX XXXX. Received on XX/XX/XXXX, at XXXX XXXX, along with a legal notice and clear instructions on what to do with the instrument within fifteen ( 15 ) days from the date of receipt. As of today, I have yet to receive any response regarding the instrument or receive the instrument back. I also mailed a response letter addressing the default notice via certified mail on XX/XX/XXXXXXXX  tracking # XXXX XXXX XXXX XXXX XXXX XXXX. No response received as of today XX/XX/XXXX. 
I am aware that Federal Reserve Notes are negotiable instruments ; they are a promise to pay, and as per the Trading With the Enemy Act along with The Bills of Exchange Act, Securities Exchange Act and The Federal Reserve Act to name a few, only the Federal Reserve Governors are supposed to be using Federal Reserve Notes at their discretion and the general public is to discharge any debt by endorsing the Negotiable ( transferable ) instrument and remitting back via registered mail as a security back to the bank who is a Security Transfer Agent to take the instrument for presentation to the Treasury to get redeemed in lawful money on demand to discharge the debt. No one in this country has been able to pay a debt since The Emergency Banking Act of 1933 when the gold and silver were confiscated, replaced by Negotiable Instruments. XXXX - Debt Discharge : The resolution prohibits payment of debt and substitutes a discharge of obligation, bypassing the absolute prohibition engineered into the Constitution I now realize I have been operating in dishonor by using Federal Reserve Notes as payment instead of discharging the debt. I am now attempting to operate in honor and US Bank can not demand only Federal Reserve Notes as the only payment to keep me in dishonor. 
Or is US Bank attempting to entice me into XXXX? 
18 U.S. Code 1581 : Makes it illegal to hold someone in peonage, or debt servitude, by using force, threats, or legal coercion. It also prohibits obstructing the enforcement of this law.

42 U.S. Code 1994 : Abolishes peonage and declares null and void any laws that establish or enforce it.

18 U.S. Code 1593A : Prohibits financially benefiting from peonage or slavery.

A tender of payment has been submitted to and received by US Bank.

UCC 3-603 Tender of Payment. 
( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

UCC 3-604 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 ( i ) 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 ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record.

The Constitution Article 1 Section 10 states : No state shall make Anything but gold and silver coin a tender of payment of debts. 
From House Joint Resolution XXXX, On XX/XX/XXXX, XXXX enacted XXXX to suspend the gold standard and to abrogate the gold clause. This resolution declared that " Whereas the holding or dealing in gold affect the public interest and are therefore subject to proper regulation and restriction ; and whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency... are inconsistent with the declared policy of congress... in the payment of debts. 
This resolution declared that any obligation requiring " payment in gold or a particular kind of coin or currency, or in an amount in money policy ; and... Every obligation heretofore or hereafter incurred, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. '' XXXX XXXX XXXX XXXX XXXX : MONEY. In usual and ordinary acceptation it means gold, silver, or paper money used as circulating medium of exchange, And does not embrace notes, bonds, evidences of debt, or other personal or real estate. 
Bills of Exchange Act ( definitions ) Bill means bill of exchange, and note means promissory note.

Basically the Note which was unknowingly signed as a blank endorsement at closing, allowed XXXX XXXXXXXX XXXX XXXX XXXXXXXX to transfer it payable it to the order of US Bank. Which US Bank has monetized and no longer has the original instrument of indebtedness ( Note ) in its original form. 
US Bank has access to The Federal Reserve Window. 
The Federal Reserve Act section 16 ( 2 ) states : 2. Application for notes by Federal Reserve banks Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances. 
It is very odd that no one from US Bank has responded back to the letter of Default or to my registered security Payoff and Legal Notice, except for this default threat of foreclosure.

18 U.S. Code 1581 Makes it illegal to hold someone in peonage, or debt servitude, by using force, threats, or legal coercion. It also prohibits obstructing the enforcement of this law.

No one at US Bank wants to authenticate any correspondence sent to me. Is no representative of US Bank confident enough to authenticate a respond and explain why US Bank is exempt from the above legislation?

22 CFR 92.36 Authentication defined. 
An authentication is a certification of the genuineness of the official character, i.e., signature and seal. 
So now can any representative from US Bank authenticate a response with an affidavit under penalty of purgery and full commercial liability as to why my registered security has not been presented to the Treasury to settle the account or returned to me with an explanation as to why your organization is exempt from the above legislation and why the commercial instrument is unacceptable for discharge and payment? 
I have a few more questions to ask. 
1. Is there a Principal Balance?

2. Who is the Principal Balance owed to?

3. Is US Bank the Payor or the Payee?

4. Who is the Payee?

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