Consumer complaint received 2025-01-17 00:00:00
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: NY

Complaint narrative:
Counterclaim Based on Relevant Statutes : Inaccurate Statement of Debt ( XXXX and XXXX XXXXXXXX XXXX XXXX : Under the Uniform Commercial Code XXXX XXXX XXXX specifically XXXX XXXX and XXXX XXXX XXXX a promissory note is considered negotiable and can be transferred and sold to third parties. As a result, the debt reported by your agency should be backed by a clear, verifiable record of transfer and settlement of the debt. According to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), the note is a negotiable instrument, and its status should be properly reflected in the public records, including credit reports. 

I request that you immediately provide the following documents : Financial and accounting records submitted to XXXX and XXXX, detailing the balance and payment history for this loan. 
Proof of assignment or transfer of the debt from the original creditor to your agency, in compliance with XXXX XXXX ( XXXX ), which outlines the requirements for perfected security interests. 
Failure to Provide Full Disclosure ( Truth in Lending Act ) : Pursuant to XXXX XXXX XXXX of the Truth in Lending Act ( TILA ), a contract may be rescinded if the lender or its agent fails to provide accurate and complete disclosure of the terms of the loan. If the amount of the debt is incorrectly stated or if there are errors in the contract, the borrower has the right to rescind. I contend that the debt recorded on my credit reports is not accurate, and I hereby request full disclosure of the loan terms and any adjustments made to the debt, including offsets or cancellations. 

Deceptive Debt Collection Practices ( Fair Debt Collection Practices Act ) : Under XXXX XXXX XXXX XXXX XXXX XXXX, the Fair Debt Collection Practices Act ( FDCPA ) protects consumers against abusive, deceptive, or unfair practices by debt collectors. As your agency is attempting to collect a debt that has been reported as XXXX on my credit reports by XXXX and XXXX, I dispute the accuracy of the claim. If the debt has been discharged or settled, I demand proof of such discharge or settlement under FDCPA provisions, specifically related to 1692g, which mandates that a debt collector must verify a disputed debt upon request. 

Request for Financial and Accounting Records ( FAS 95 and GAAP ) : According to FAS 95 and GAAP ( Generally Accepted Accounting Principles ), debtors are entitled to request a corporations financial records to confirm whether an offsetting liability exists for the claimed debt. Specifically, I request that you provide the following documents to verify the debt and any financial adjustments : FR 2046 balance sheet showing the company 's financial position. 
XXXX report outlining any offsets related to the debt. 
XXXX registration statement and XXXX prospectus to demonstrate how the debt is treated in your corporate filings. 
Right to Set-Off and RecoupmenXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, I am entitled to request set-off or recoupment if a valid debt exists. Set-off is available when mutual debts are owed by the same parties and can be used to cancel out the debt. I request that you confirm any potential set-off or recoupment arrangements that apply to this loan and demonstrate how the liability is reflected on your financial statements. 

Failure to Properly Register Commercial Instruments ( UCC and State Law ) : If your agency or the original creditor has failed to properly register the commercial instrument ( the promissory note ), this may constitute a violation of state law under New York XXXX XXXX XXXX XXXX, specifically Section XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX. The failure to register such an instrument in the proper manner may provide grounds for rescission of the contract, and I am requesting confirmation of the registration status of the note in question. 

Demand for Response : I hereby demand that you respond to this counterclaim and provide the requested documentation within XXXX business days from the receipt of this letter, in accordance with the relevant statutes cited above. Failure to comply with this request will result in further legal action and may be construed as a violation of my rights under the Fair Debt Collection Practices Act ( FDCPA ), Truth in Lending Act ( TILA ), and other applicable laws. 

Conclusion : I trust that this matter will be resolved promptly with the required documentation, and I will review your response carefully. Please note that your agencys failure to provide this information or to continue asserting this claim without proper evidence may result in a formal dispute and legal proceedings. 

Thank you for your immediate attention to this matter.

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