Consumer complaint received 2024-11-01 00:00:00
Product: Mortgage — VA mortgage
Issue: Closing on a mortgage — Trying to communicate with the company to fix an issue with the loan closing
Company: BSI Financial Holdings, Inc.
State: MD

Complaint narrative:
THIS INSTRUMENT IS EXECUTED IN TRUTH, HONESTY IN FACT AND GOOD FAITH Attn : XXXX XXXX XXXX/ DEBT COLLECTOR BSI XXXX XXXX XXXXXXXX XXXX XXXX - XXXX XXXX XXXX XXXX - XXXX ( XXXX XXXX the management team ) of the same, jointly, individually and/or severally responsible, and/or to whomever this may concern. 

Regarding : Default to Default to Notice of Dispute/Validation Request/Negotiable Instrument Certified mail XXXX XXXX XXXX XXXX, XXXX, XXXX, XXXX, Account # XXXX, in the amount of {$1200.00}, Sent on Various Dates NOTICE OF NON-RESPONSE/ FAULT # XXXX XXXX. XXXX XXXXXXXX XXXX XXXXXXXX XXXX In XXXX XXXX XXXXXXXX, the collector can not get a judgment until the debt is validated.

According to the Uniform Commercial Codes ( i.e. The U.C.C. ) : U.C.C. 3-119. NOTICE OF RIGHT TO DEFEND ACTION. 
In an action for breach of an obligation for which a third person is answerable over pursuant to this XXXX or XXXX XXXX, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states ( i ) that the person notified may come in and defend and ( ii ) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after reasonable receipt of the notice the person notified does come in and defend.

U.C.C. 3-305. DEFENSES AND CLAIMS IN RECOUPMENT.

( a ) Except as stated in subsection ( b ), the right to enforce the obligation of a party to pay an instrument is subject to the following : ( 1 ) a defense of the obligor based on ( i ) infancy of the obligor to the extent it is a defense to a simple contract, ( ii ) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, ( iii ) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or ( iv ) discharge of the obligor in insolvency proceedings ; ( 2 ) a defense of the obligor stated in another section of this Article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and ( 3 ) a claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument ; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.

( c ) An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

U.C.C. 3-307. NOTICE OF BREACH OF FIDUCIARY DUTY.

( a ) In this section : ( 1 ) " Fiduciary '' means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. ( 2 ) " Represented person '' means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph ( 1 ) is owed.

( b ) If ( i ) an instrument is taken from a fiduciary for payment or collection or for value, ( ii ) the taker has knowledge of the fiduciary status of the fiduciary, and ( iii ) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply : ( 1 ) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.

U.C.C. 3-404. IMPOSTORS ; FICTITIOUS PAYEES.

( a ) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. ( 1 ) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.

U.C.C. 3-306. CLAIMS TO AN INSTRUMENT.

A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

U.C.C. 3-302. HOLDER IN DUE COURSE.

( b ) " Consideration '' means any consideration sufficient value to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection ( a ), the instrument is also issued for consideration.

U.C.C. 3-310. EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN.

( a ) The obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation.

( 4 ) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee 's rights against the obligor are limited to enforcement of the instrument.

U.C.C. 3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT.

( a ) If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply. ( b ) the claim is discharged if the person against whom the claim is asserted that, or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

U.C.C. 3-409. ACCEPTANCE OF DRAFT ; CERTIFIED CHECK.

( a ) " Acceptance '' means the signed agreement to pay as presented. It must be written on the draft and may consist of the drawee 's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.

( 2 ) Upon demand of the person to whom presentment is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and ( iii ) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

( 3 ) Without dishonoring the instrument, the party to whom presentment is made may ( i ) return the instrument for lack of a necessary indorsement, or ( ii ) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. 

NOTICE OF FAULT : FAULT # XXXX : You failed to produce to me an accurate XXXX ( Reportable interest for the tax year ) and XXXX ( Original Issue Discount ) regarding this tax year. 

FAULT # XXXX : You failed to produce to me your Social Security Number or your Employer or Employee I.D . Number or your Tax Identification Number, or your ITIN ( i.e. a properly filled out W-9 tax form, request for XXXX ) XXXX along with your business license number, insurance number, and/or XXXX  admission number, ( for verification purposes and tax return ). 

FAULT # XXXX : You failed to fully disclose and discover to me the full name, status and identity of the person requesting payment from me. 


FAULT # XXXX : You failed to give me the full name, place of business, city, state and zip code of the accountant, fiduciary, trustee, and/or nominee appointed over and is responsible for my financial records ( i.e. Assets and liabilities, revenues and expenses, accounts receivable and payables ), balance books, ledger records, transaction records, income statements, and assignment records pertaining to my alleged account. Pursuant to U.C.C. Section 9-210, which deals with requests for an accounting and statement of account ; UCC Sections 9-608 ( a ) and 9-615 ( d ) to the extent that they require accounting for or payment of surplus proceeds of collateral ; and UCC Section 9-616, which deals with explanation of the calculation of a surplus or deficiency ; Furnish a W-9 to me to verify your EIN, SSN, TIN or ITIN and a tax form 4506T ( tax transcript ) if you happen to have a copy of mine. Thank you.

FAULT # 5 : You failed to provide me with an affidavit of fact under your unlimited commercial liability, under risks, pains and penalties of perjury, stating that your record is true, complete and not misleading. You failed to secure your claims and statements. PROVE YOUR CLAIM FAULT # 6 : You failed to prove that I was a borrower in the original transaction and not a creditor ( by producing the accounts receivable and accounts payable regarding assets and liabilities ; revenues and expenses ) and you failed to prove that you withdrew any funds from your own account or from an identifiable account, on the day, time, and hour that you claim to have gave me a loan ( produce the record and file number ). You failed to prove that the alleged loan was credited to my account or given to me in my hand ( i.e. a tangible cash exchange ) on that day. 

FAULT # XXXX : You failed to admit that you actually lent me anything and what did you actually give me and/or risk in tangible value when you allegedly loaned and/or gave me anything. You can only prove the contrary with your revenues and expenses statement for that day, time and hour.

FAULT # 8 : You failed to prove that you are the holder in due course ( Per UCC 3-302. HOLDER IN DUE COURSE and 3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE ) of my original XXXX signed promissory note ( per UCC 3-104 regarding NEGOTIABLE INSTRUMENTS ).

FAULT # 9 : You failed to prove that you are an entitled party ( per UCC 3-301, " Person entitled to enforce '' ) of my note and you failed to prove that this debt is not an illegal debt which in nature is a counterfeit copy of the original and potentially contraband in the process of being hypothecated and leveraged. 

FAULT # XXXX : You failed to prove that you are XXXX compliant and that my asset ( XXXX ) have been applied to my liabilities and the accounting books are accurate, true, and not misleading and can be readily traced back to its original source ( i.e. to the cause of the credit, extension, or loan ). 

FAULT # XXXX : You failed to prove that you are not a fiduciary, servicer, nominee or trustee of my account for the benefit of me, the lawful beneficiary of the account and by tacit acquiescence you admit that you are a fiduciary, servicer, nominee, or trustee of my account. By default I assume that you are a servicer of my debt and you are holding my debt discharging instrument sent to you Registered Mail # XXXX, Return Signature Receipt # XXXX, XX/XX/year>, signed for on XX/XX/year>. 

FAULT # XXXX : You failed to prove that this account # XXXX has not been settled and/or sold already to a third party creditor and that YOU are not acting as a debt collector XXXX in the name and impersonation of the original creditor. Identify yourself. 

FAULT # XXXX : You failed to prove that this account is not pre-paid in full already per title 31 Section 5118, H.J.R. 192, the Federal Reserve Act, 48 Stat. 112, and laws governing credit, negotiable instruments, and banking. When was the last time you recorded my payments and applied it to my principal? Do you have a receipt? 

FAULT # XXXX : You failed to prove how much interest have accrued in my so called account and how much of my funds went to the principle amount and how much went just to the interest. 

FAULT # XXXX : You failed to prove that my signature was not an indorsement, authorization and/or VALUABLE CONSIDERATION ( Per UCC 3-303 `` Consideration '', Section 3-204 " Indorsement '' Section 3-602 " Payment '', and UCC Section 3-303 regarding " Value '' ) like a money order or pay check ( cash item/ asset ) properly indorsed. UCC 3-103 ( 5 ) " Maker '' means a person who signs or is identified in a note as a person undertaking to pay.

FAULT # 16 : You failed to prove that this note/ " Item/ account ( per UCC 4-104 ) was not marked down on your balance books as an asset after I executed the alleged promissory note/ contract ( Pursuant to Section 3-501 " Presentment '' and Section 3-409 " Acceptance ''. ).

FAULT # 17 : You failed to prove ( pursuant to UCC 3-103 ( 10 ) " Prove '' ) that my promise to pay ( pursuant to UCC Section 3-103 ( 9 ) " Promise ) note was not a legal tender ( i.e. money ; a medium of exchange ; money equivalent ) payment and asset, on the banks ledger books ( Accounts Receivable/ Payable ) according to State and Federal credit laws and accounting principles XXXX XXXX XXXX XXXX XXXX XXXX XXXX codes of ethics ( CPA ), standards and conducts, in effect, under HJR 192, Public law 73-10, 48 Stat., 112, and Title 31 5118. Pursuant to UCC Section 3-103 ( 9 ) " Promise '' means a written undertaking to pay money signed by the person undertaking to pay. Section 3-103 ( 10 ) " Prove '' with respect to a fact means to meet the burden of establishing the fact ( Section 1-201 ( b ) ( 8 ) ) FAULT # 18 : You failed to prove that you have not been paid ( Accounts Payable/ Receivable ). A mere receipt and demand to pay is not sufficient proof of ledger records ( from an accountants point of view ). I request an audit of my account.

FAULT # 19 : You failed to provide me with an ORIGINAL signed contract and other supporting documentation that gave rise to the alleged obligation BSI Financial Services is claiming owed.

FAULT # 20 : You failed to provide me with a statement, under penalty of perjury that : a. your client is the XXXX party in interest of the contract and will produce said ORIGINAL signed contract ( # 14 above ) for my own and a judges inspection should there be a trial to contest these matters. b. the name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection or legal proceedings regarding the alleged {$420000.00} debt ( ACCOUNT # XXXX ). 

You failed to prove You have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party. 

You know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause.

Company response to consumer: Closed with explanation