BROCK SCOTT, PLLC
Consumer Complaints
There are over 115 complaints on file for BROCK SCOTT, PLLC. Dated between 2019-12-03 and 2014-03-07.
Complaints Page 2
2018-04-06
Baltimore, MD
False statements or representation
Debt collection: Mortgage debt
Impersonated attorney, law enforcement, or government official
Company Response: Closed with explanation
2018-03-27
Alexandria, VA
Communication tactics
Debt collection: Other debt
You told them to stop contacting you, but they keep trying
Company Response: Closed with explanation
2018-03-06
Oxford, GA
Took or threatened to take negative or legal action
Debt collection: Mortgage debt
Seized or attempted to seize your property
Complaint: BROCK & SCOTT PLLC VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of ILLEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court.
Illegal documents have been filed against me and my home, the property I own at XXXX XXXXXXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA XXXX XXXX XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX XXXX Georgia, being Lot XXXX XXXX XXXX of XXXX XXXX XXXX as per plat thereof recorded in XXXX XXXX XXXX page XXXX, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXXXXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX XXXX XXXX, and had no objections to Exempt From Sale and XXXX Court Order or Bankruptcy.
XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX resulting in two court orders 1.Exempting the property from sale and XXXX and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders.
XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES.
DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX XXXX party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power.
ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety.
O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed.
O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years.
XXXX XXXX XXXX XXXX suggested I report the crime to XXXX XXXX XXXX and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge.
Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt.
Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.
( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
What Is Theft by Conversion in Georgia?
Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES.
What Is Considered Personal Property in Georgia?
According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property.
Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia?
No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property.
Is Theft by Conversion a Felony or Misdemeanor?
The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony.
What Is the Punishment for Theft by Conversion?
The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine.
Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.
O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.
O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.
O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.
( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING LINDSAYS OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS.
Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS.
O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
O.C.G.A. 11-9-201. General effectiveness of security agreement.
( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.
( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing.
Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored XXXX XXXX Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX and XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale.
NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the responsible attorneys I believe to be a XXXX XXXX and XXXX XXXX attorneys for the firm XXXX and XXXX.
11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX XXXX XXXX Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.
O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.
( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.
12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.
13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.
14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.
Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.
( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..
( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden.
( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process.
( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.
( h ) Uttering a Forged Instrument.
( i ) Accessory Before the Fact in Uttering a Forged Instrument.
( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.
Fraud.
( l ) Encumbering Property with Intent to Defraud.
( m ) Passing Forged Instruments.
( n ) Attempted Fraud.
( o ) Using the Mails to Defraud.
( p ) Securities Fraud.
( q ) Conspiracy to Defraud the Public.
( r ) Transporting Stolen Property.
( s ) Obtaining Money by False Pretenses.
( t ) Malicious Trespass.
Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.
O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.
( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.
( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.
( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.
( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.
( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.
( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.
( gg ) Forgery of Public Documents.
( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia .
( kk ) State of Georgia conviction for forgery. Animashaun v. INS, XXXX XXXX XXXX XXXX XXXX Cir. XXXX XXXX XXXX XXXX Cir. XXXX ). The XXXX XXXX in XXXX XXXX XXXX, XXXX XXXX. Appx. XXXX XXXX XXXX Cir. XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a CIMT as the offense involved forgery and was fraudulent in nature.
( ll ) Attempting to Obstruct or Impede the Progress of Justice.
( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.
( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed.
( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies.
O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.
Lindsays lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX AND XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND XXXX COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN.
Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.
2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.
4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.
5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.
6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.
7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.
8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.
9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.
10. Certifications must be based upon personal knowledge and
Company Response: Closed with explanation
2018-02-24
Rocky Ridge, MD
Took or threatened to take negative or legal action
Debt collection: Credit card debt
Threatened to sue you for very old debt
Complaint: On XX/XX/XXXX I went to XXXX XXXX XXXX to open a auto loan account so I could transfer my auto loan from my credit union to a local bank.The banker pressured me that I should open up a checking account, savings account, credit card account, and even apply for a mortgage because my credit score was solid. I told the banker more than once I didn't need a credit card or a mortgage but I was interested in a checking and savings. He continued to insist that I apply for a credit card over and over again. At this time I was unaware of the scams, fraud, and illegal actions XXXX XXXX had conducted on their customers. I agreed to the credit card. The credit card was also opened on this date. Within a year I fell on hard times and my credit card was closed. When the account was still opened I contacted XXXX XXXX several times trying to work out a payment arrangements. They were rude and unwilling to negotiate. What they wanted was a monthly payment that would have came close to 1,000 a month. I couldn't afford that as a single person, so the legal services department who I spoke with told me " wait and let it go to collections and they will work with you.
Now, on XX/XX/XXXX, I receive a Writ of summons in the mail telling me I need to appear in court on XX/XX/XXXX for a money judgement for the credit card in the amount of {$6600.00}. I now question if this credit card was legitimate from the beginning for the following reasons. First, the papers within the court documents show the store copy of the credit card account with my signature. Yet, the only thing I electronically signed for was the checking and savings account or so I thought according to the banker. In the bottom corner it states an agreement would be mailed to the customer. I never received anything in the mail with my copy. Again, I never received any papers in the mail for the credit card with my signature on it. I can verify that I have a copy of paperwork with my signature on it for the checking and savings, however I have no copy in my possession with the credit card account number on it with my signature. In fact, I never even received a contract even though these papers appear in the court document ; that I allegedly breached my contract. How can I breach something that I never had in the first place? I have retained evidence of every single paper I was given from that date of XX/XX/XXXX even the exact paper that the credit card itself came on when it was sent in the mail. On XX/XX/XXXX I called legal services at XXXX eastern standard time. I have call records to prove it. The lady told me " I could make an initial payment with them and then make arrangements with the the debt collector to make recurring monthly payments, or I could also make the initial payment with them ''. Typically, when a debt collector collects a debt the debt is written off from the bank for a profit. Therefore, they are attempting to collect on a debt that they should no longer have anyway. This would be a scam if I would have freely made a payment with the legal services department. I question the legitimacy of this as well. Did Brock & Scott Firm really buy the debt? If they did XXXX XXXX is running a scam. I do not believe I owe XXXX XXXX any money because I do not believe the account was opened legally. I believe the only reason Brock & Scott Firm placed a complaint is because the statute of limitations to sue is coming to a close very soon. The credit card was closed XX/XX/XXXX. Now suddenly 3 years later they have decided to file a lawsuit? I will soon get rid of banking with XXXX XXXX entirely. They are the worst bank I have ever encountered.
Company Response: Closed with explanation
2018-01-19
Andrews Afb, MD
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I have a complaint of file # XXXX, I 've attached formal complaint being filed today that further details the fraud involved by the Lender and Brock and Scott, PLLC.
Company Response: Closed with explanation
2018-01-08
MD
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I have written your office before about a wrongful foreclosure and have been working this on my own due to cost. The New York attorney generals office advised me to contact your office and inform them of what assistance I receive. Concerning this foreclosure action violations of Judicial Law 487,28U.S.C. 455 ( a ) and 28 U.S.C. 144 have occurred in the XXXX County Clerk of Courts and Superior Courts office. Fraud upon the court is evident and the words of Superior Judge XXXX make that clear. Judge XXXX allowed XXXX XXXX attorney, XXXX XXXX of XXXX XXXX to switched evidence changing the Promissory Note submitted into evidence before the court in the Clerks hearing as the " original note '' and to a " new Promissory Note '' submitted in Judge XXXX trial court hearing as the " original Promissory Note '', the notes are different, while both are fraudulent, one is redacted the other has removed the redactions but still shows evidence of tampering which is misrepresentation and fraud. The fact of the matter is you can not have two different promissory notes as an original, or certified true copy, this is fraud upon the court. We have copies of both sets of documents that were presented into evidence and shown to Judge XXXX. Judge XXXX on the 2nd day of our appeals hearing informed us that " this is a new trial and any errors or mistakes made in the clerks office are forgotten ''. This violates due process by constitutional amendments XVI and VI respectively and in-acts the due process clause. This has the effect of not allowing the Plaintiffs proper notification before a trial, as he states this was a " new trial '' not the appeals hearing we paid a bond for and had prepared our evidence to address, while suppressing the evidence of the Plaintiffs to benefit the Defendant ( the lender ) by failing to review the fraud upon the court committed.
To add further insult to injury Brock and Scott is now moving to sale my home on XX/XX/XXXX based on fraud upon the court and this fraudulent documentation they sent us which makes the courts order to foreclose void. The clerks office knew that on XX/XX/XXXX the Lender, XXXX XXXX and XXXX XXXX XXXX XXXX had failed to appear yet allowed them to send Attorney XXXX XXXX to the hearing to try and deceive the Plaintiffs into thinking she was the Trustee when she is in-fact a stranger to the proceedings in an attempt to appear before the court that the Lender and Trustee had appeared when they had in-fact defaulted. We asked for a dismissal as this was an unfair and deceptive trade practice, and fraud upon the court, this was after 3 years of continuances by the Lender ( none by the Plaintiffs ) the Clerk refused to hear our motion to dismiss, walked into a room across the hall where we could see him and appeared to make an ex-parte phone call. The clerk returned to the hearing room and informed us he " had '' to give the Lender one more chance to appear and forced us to return for a hearing on XX/XX/XXXX, this is a gross violation of the due process clause. The clerks own continuance states the Lender directed this hearing was " canceled and on hold '' and it appears the clerk operated in a biased manner under the direction of the Lender. The clerks actions violate Judicial Law 487,28U.S.C. 455 ( a ) and 28 U.S.C. 144 which call for his recusal and void any judgments or orders by him according to the law. It is this same clerk that gave the order to foreclose on XX/XX/XXXX The fraudulent markings on the Promissory Notes are clear when personally inspected and Judge XXXX own words acknowledge that " errors and mistakes ' were made. However, these errors and mistakes he refers to are violations of laws, constitutional amendments XVI and VI and the due process clause. A valid legal decision can not be based on Fraud upon the court and bias of the officers of the court in favor of the Defendant/Lender. I am waiting for the certified transcript of the hearing I ordered as I believe it makes the actions/bias of Judge XXXX clear, which require him under Judicial Law 487, 28U.S.C. 455 ( a ) and 28 U.S.C. 144 to recuse himself and invalidates any judgments or orders he gave.
We are determine to continue our fight until justice prevails, you can not make a legally valid judicial decision when fraud upon the court is at the heart of it. We are seeking your assistance in righting this wrong.
Respectfully, XXXX and XXXX XXXX
Company Response: Closed with explanation
2018-01-04
Northside, NC
Written notification about debt
Debt collection: Credit card debt
Didn't receive notice of right to dispute
Complaint: I was recently served a civil summons from the XXXX County Sheriff 's department. The collection agency listed on the summons was an agency called Brock and Scott. Prior to the receipt of this summons, I did not received a notice of my right to dispute. I was not even given the opportunity to challenge the debt prior to a XXXX County deputy showing up on my doorstep. Additionally, I live in XXXX County so this company did not even file the paperwork in the proper county.
Company Response: Closed with explanation
2018-01-04
Havana, FL
False statements or representation
Debt collection: Mortgage debt
Attempted to collect wrong amount
Company Response: Closed with explanation
2017-11-30
Drayton, SC
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: I am filing this complaint as the Representative of the Estate of my mother. She obtained a mortgage loan in XXXX XXXX with XXXX XXXX in the amount of {$160000.00} for her home.
She fell behind on a few payments and requested a loan modification. According to questionable documents, the loan was modified in XXXX for {$200000.00} which is excessively more than the original note. Also the signature was questionable on the loan modification which lead me to have an expert forensic examiner exam the signatures. He concluded that my mother most likely did not sign the modification although it was notarized. I do not dispute that my mother agreed to some type of modification at some point but I strongly disagree that it was for the amount of {$200.00}, XXXX. Also the modification was signed XX/XX/XXXX. My mother XXXXXX/XX/XXXX I visited the notary. Although she could not remember my mother specifically she was 100 % sure that she did not visit anyone in the hospital to notarize a document. I can prove that my mother was in the XXXX XXXX on XXXX XXXX, XXXX and was not XXXX enough to sign the modification.
The loan was sold multiple times. After my mother XXXX in XXXX, we made an attempt to refinance the loan with XXXX XXXX XXXX. After they produced the payoff amount, we disputed this amount. After no real answer from XXXX XXXX XXXX my father stopped making payments. XXXX XXXX XXXX attempted to foreclose but the foreclosure was dismissed when I requested an accounting record for the discrepancy of the loan amount. XXXX XXXX XXXX sold this loan to another investor.
At this present time, the loan is owned by XXXX XXXX XXXX, as Trustee for XXXX XXXX XXXX XXXX XXXX which hired an attorney to foreclose on an outstanding balance of now approximately {$330000.00}. The Loan is serviced by XXXX XXXX XXXX. I have requested an accounting record of the loan modification from the attorney at Brock and Scott in XXXX SC but no record was produced. My father would like to keep this home but feels that the bank has committed fraudulent deeds and sold this note to this new Lender that has no real answers as why the loan increased.
The foreclosure sale is scheduled for XXXX XXXX, XXXX. I realize that this very last minute but we just were not sure what else could be done. We spoke with XXXX XXXX XXXX and the attorney suggested that we file a formal complaint.
I will upload the, original loan docs, modification documents as well as the expert forensic examination results.
Company Response: Closed with explanation
2017-10-29
Atlanta, GA
Attempts to collect debt not owed
Debt collection: I do not know
Debt was already discharged in bankruptcy and is no longer owed
Complaint: Please be advised, Brock & Scott , PLLC has violated the Fair Debt Collection Practice Act, and as a result I have suffered tremendously. In the process of refinancing my home, an account from Brock & Scott , PLLC was presented to me as the reason for my refinancing loan being denied. Prior to XXXX 2017 I have never received correspondence from Brock & Scott , PLLC. Brock & Scott , PLLC claims that I owe {$11000.00}, in addition Brock & Scot, PLLC claims that there was a lien placed on my home due to a financial relationship I held with their client XXXX Bank.
The first violation Brock & Scott , PLLC committed was failing to contact me providing initial correspondence of this debt. Brock & Scott , PLLC failed to notify me of this debt. Brock & Scott , PLLC did not offer me an opportunity to dispute, validate, or litigate in this matter.
In addition this debt and account violated the statue of limitation, and all records associated with this debt which can impact financial matters should be dissolved.
In addition Brock & Scott , PLLC is attempting to collect on a debt and fluctuating the amount of the debt by adding interest to the amount they claim I owe.
Furthermore, any financial relationship I held with XXXX Bank, was discharged in bankruptcy prior to Brock & Scott , PLLC litigation in this matter. Brock & Scott , PLLC has caused me to suffer deeply for their negligence. I am currently in the process of trying to improve my home and other aspect of my life, yet Brock & Scott , PLLC has not only violated federal law, but they have cause pain, suffering, and financial difficulty due to their egregious actions.
Company Response: Closed with explanation
2017-10-24
Garner, NC
Attempts to collect debt not owed
Debt collection: Auto debt
Debt was paid
Company Response: Closed with explanation
2017-09-07
Cheverly, MD
Took or threatened to take negative or legal action
Debt collection: Mortgage debt
Seized or attempted to seize your property
Complaint: XXXX CLAIMED I OWE THEM MORTGAGE MONEY, I ASK THEM TO PROVIDE THE ORGINAL NOTE OR THE NOTE THAT CLAIM I OWE SUCH NOTE TO THEM, THEY COULD NOT. THEY TRY TO SELL MY PROPERTY IN FORCLOSE SALES ; I FOUND OUT THROUGH A SOLICITING ATTORNEY 'S LETTER. I FILE FOR BANKGRUPCY TO PROTECT MYSELF, I TOOK THEM TO COURT ; BUT THE JUDGE IS DENYING MY PETITION BECAUSE I AM PRO SE. I NEED YOUR HELP THIS PEOPLE ARE NOT LICENSE TO PRATICE IN MARYLAND. BUT THE COURT IS NOT PROTECTING US AGAINST THEM PLEASE HELP ME.
Company Response: Closed with explanation
2017-09-06
Bel Air, MD
False statements or representation
Debt collection: Mortgage debt
Attempted to collect wrong amount
Company Response: Closed with explanation
2017-08-28
VA
Attempts to collect debt not owed
Debt collection: Mortgage debt
Debt was already discharged in bankruptcy and is no longer owed
Complaint: Brock & Scott PLLC ( B & S ) is produced and recorded with XXXX County Circuit Court a false Appointment of Substitute Trustee from the alleged Lender/Investor XXXX XXXX XXXX XXXX XXXX ( XXXX ). Appointment was signed and notarized by XXXX XXXX XXXX XXXX employee acting as " attorney -in-law '' for XXXX and notary public also employee of XXXX .
On, XX/XX/XXXX, in accordance with 28 U.S.C. 1746, I sent a second request to verify the alleged debt as follows : 1. Provide Lenders direct contact including name, address, and direct phone number according to 15 U.S. Code 1692g ( b ) 2. Alleged Account # with Lender/Note Holder/Investor 4. Amount of alleged debt : 5. Date this alleged debt was acquired.
7. Amount paid if debt was purchased.
8. Provide copy of Servicing Agreement between alleged Lender/Note Holder/Investor and loan servicing company.
9. Authorization to an alleged Servicer to Foreclose on subject property on behalf of Lender/Note Holder/Investor.
10. Provide verification that your company as a debt collector is authorized to act on behalf of the stated creditor.
11. Verify specifically, name ( s ) of person ( s ) assigned as Trustee to handle trustee sale and to be held accountable.
XXXX XXXX XXXX provided only a copy of deed of trust and Note, but with a word REDACTED on it to create an impression, the documents are made from legal size pages.
On XX/XX/XXXX, in response to my previous complaint, B & S claimed to have the original copy of Deed of Trust and Note. This is a lie to government agency. 18 U.S.C. 1001 is generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in " any matter within the jurisdiction '' of the federal government of the United States.
If B & S insists on having the original Deed of Trust and Note, I demand to mail a copy of original legal-size Deed of Trust and Note to CFPB and to the Office of Virginia Attorney General, Consumer Financial Protection section, and to me for a comparison, as I do retain a homeowners copy of all closing documents including the Deed of Trust and Note.
Otherwise, I want you to know that B & S engaged into white-collar crime by conspiring with XXXX in their attempt to commit a civil theft and fraud against Land Record.
Company Response: Closed with explanation
2017-08-21
GA
Attempts to collect debt not owed
Debt collection: Private student loan debt
Debt was paid
Complaint: On XXXX XXXX, 2017, I received a letter from Brock & Scott , PLLC stating that my debts with XXXX XXXX XXXX XXXX are now settled. When I paid these balances with Brock & Scott , PLLC, XXXX would only settle at 80 % on my two loans which equaled {$1000.00} and {$1800.00} respectively. I am still getting hit with delinquencies on both of these accounts on my credit report for XX/XX/XXXX and for XX/XX/XXXX. It takes the act of Congress to even get through to them and when I actually spoke to a person last week, she stated it would take seven days to research and I would have to call back to even receive a response.
Company Response: Closed with explanation
2017-07-25
VA
Attempts to collect debt not owed
Debt collection: Mortgage debt
Debt was already discharged in bankruptcy and is no longer owed
Complaint: This is a report of conspiracy and mortgage fraud committed by XXXX XXXX XXXX XXXX located at : XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, FL XXXX. In XXXX of XXXX I, XXXX XXXX XXXX ( hereafter Homeowner ), purchased a house located at : XXXX XXXX XXXX, XXXX VA XXXX. On XX/XX/XXXX, Homeowner refinanced his mortgage with XXXX XXXX XXXX ( hereafter XXXX ), a subsidiary of the bankrupt XXXX XXXX XXXX group of companies ( hereafter XXXX ), and signed deed of trust and a Note for {>= $1,000,000}. In XX/XX/XXXX, the original lender XXXX XXXX XXXX ( XXXX ) filed Chapter XXXX in the U.S. Bankruptcy Court for the District of Delaware. In XX/XX/XXXX bankruptcy court in Delaware, approved sale of XXXX XXXX XXXX XXXX. ( XXXX ) to XXXX XXXX XXXX XXXX XXXX, ( XXXX XXXX XXXX XXXX XXXX XXXX ) as part of the bankruptcy liquidation. To conceal the fact of acquisition, the XXXX XXXX XXXX XXXX, XXXX used name abbreviation of XXXX similar to bankrupted XXXX XXXX XXXX XXXX ( XXXX ). But in XXXX of XXXX due to numerous law suits and federal investigations, XXXX changed its name to XXXX XXXX ( principal place of business in Texas ) and, eventually, inXX/XX/XXXX company was acquired by XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL. In XX/XX/XXXX, the United States Bankruptcy Court for the District of Delaware approved liquidation plan of eight XXXX XXXX XX/XX/XXXXcompanies including XXXX under Chapter XXXX ( Cases No. XXXX XXXX ). Court specifically requested that servicing rights for the XXXX XXXX XXXX XXXX ( hereafter XXXX ) Portfolio shall be surrendered to XXXX. ( United States Bankruptcy Court for the District of Delaware. Cases No. XXXX XXXX. XX/XX/XXXX. XXXX. ( page 32, 2 ( d ) ( iii ) ). Most of the loans originated by XXXX, were sold into XXXX securitized trusts even before origination or immediately after that. XXXX was a primary trustee for certain type of loans, especially the once with Adjustable Rate and Negative Amortization as the most profitable. But some of the loans were defective in its face with incurable defects. Such mortgage loans were rejected by trusts as they could jeopardies trusts REMIC status ( tax exemption ) according to trust guiding document Pooling and Servicing Agreement ( PSA ). Loans with incurable defects were satisfied and paid off during bankruptcy proceeding. Original mortgage documents were destroyed with permission of the Bankruptcy Court. Notes were paid down or liquidated through one or more reserves including but not limited to overcollateralization reserves, excess interest reserves, or interest rate cap reserves ; or paid down or liquidated through one or more credit default swaps ; or paid down or liquidated through one or more forms of insurance including but not limited to first loss reserves, LPMI policies, bulk and supplemental policies, and XXXX XXXX or XXXX policies, with any such pay down or liquidation not being subject to any right of subrogation against the borrower. The loan, originated by XXXX, was Adjustable Rate Loan with Negative Amortization which was considered to be illegal in XXXX. Just because of that, my monthly payments went up from $ XXXXmonth in XX/XX/XXXXto $ XXXX/month in XXXX, and to {$4200.00} in XXXX. On XX/XX/XXXX, Homeowner contacted XXXX XXXX for the purpose of loan modification. Customer relation specialist suggested to stop making payments for a three-consecutive month in order to establish hardship, mandatory for loan modification. That was a legal trap, set up to catch Homeowner in default. On XX/XX/XXXX, Homeowner received a Notice of Service Transfer letter from XXXX XXXX, informing that XXXX XXXX XXXX XXXX ( XXXX ) is a new loan servicer. Upon receiving the Notice of Service Transfer I contacted XXXX XXXX XXXX XXXX and requested a proof of service. That request was blatantly ignored. A servicer must have Mortgage Servicing Right ( MSR ) from a Lender in order to service loans. MSR is a contractual agreement where the right, or rights, to service an existing mortgage are sold by the original lender to another party who, for a fee, performs the various functions required to service mortgages. After several months of struggling Homeowner filed a complaint with Consumer Financial Protection Bureau ( CFPB ) seeking help in obtaining such proof. No proof of service has ever been provided by XXXX. Instead, XXXX provided a copy of Deed and Note with incurable defects in it. By purchasing XXXX XXXX XXXX XXXX XXXX ( XXXX ) as part of the bankruptcy liquidation, XXXX XXXX XXXX XXXX, XXXX ) / a. k. a XXXX XXXX / XXXX XXXX XXXX legally acquired servicing rights of XXXX customers and their records, except those belonging to XXXX XXXX XXXX and those liquidated and paid off during bankruptcy proceeding. Records of satisfied and liquidated mortgage loans have never been deleted, more than that, alleged servicers kept collecting mortgage payments on mortgages already satisfied and liquidated by court. While Homeowner questioning XXXX servicing rights, XXXX fabricated phantom obligations and chain of titles in order to conceal the unlawful collection of mortgage payments and to initiate foreclosure proceeding against the Homeowner. XXXX fabricated, fraudulently signed and recorded the following legal instruments : Assignment of Deed of Trust dated XX/XX/XXXX, Appointment of Substitute Trustee dated XX/XX/XXXX, and latest Appointment of Substitute Trustee dated XX/XX/XXXX. Fabricated chain of title. First attempt to foreclose on Homeowners property was initiated by XXXX inXX/XX/XXXX. XXXX fabricated the following chain of title : Chain 1. XXXX alleged that Homeowners loan, originated by XXXX, was securitized into Structured Asset Mortgage Investment II TrustXXXX owned by XXXX, but did not provide any documents that proved that a mortgage-backed securities trust had acquired Homeowners Mortgage. XXXX failed to present the Assignment from bankrupted XXXX to XXXX as required by trust ruling document Pooling and Servicing Agreement ( PSA ) ( see Article II, section 2.01 Conveyance of Mortgage Loans ). Further investigation revealed, that Homeowners mortgage loan was not securitized and was not found in the trust Prospectus, filed with SEC and disseminated to the investors. Chain 2. On unknown day of XXXX and seven years after Trust closing date, XXXX allegedly transferred the Homeowners Note to the XXXX XXXX XXXX XXXX XXXX ( XXXX ) as successor-in-interest using an Allonge ( Exhibit 1 ). It is clearly shown of the left upper corner of the Allonge : when recorded mail to : XXXX XXXX XXXX XXXX, thus indicating that purported Note transfer document was prepared after XXXX sent Notice of Default to the Homeowner. That even is legally impossible as PSA explicitly prohibits transferring mortgage loans after Trust closing date. The period of operation for the REMIC Trust was limited to 90 days. Chain 3. On XX/XX/XXXX XXXX, in the alleged capacity of nominee for the long-bankrupt XXXX, assigned Homeowners deed of trust to XXXX ( Exhibit 2 ). Without even disputing legality of the Assignment and right of XXXX XXXX XXXX XXXX ( XXXX ) to assign deed of trust without direct order of the original Lender, XXXX XXXX XXXX ( XXXX ), or bankruptcy court in custody of which Homeowners loan was during bankruptcy proceeding, or bankruptcy court ordering liquidation of the XXXX, fraud carried by XXXX includes, XXXX XXXX : a ) Mortgage assignments with signatures of XXXX XXXX XXXX - a Contract Management Coordinator for XXXX - signing as corporate officers for XXXX that never employed her. b ) Mortgage assignment with forged signature XXXX XXXX XXXX signing on behalf of the grantor. c ) Mortgage assignment notarized by XXXX XXXX also XXXX Employee, and witnessed by another XXXX Employees XXXX XXXX and XXXX XXXX who never witnessed the signatures that was notarized. XXXX XXXX signature does not match her signature on Notrary and Bond Applications ( see attached file ), but nevertheless, was notarized and witnessed. Chain XXXX. On XX/XX/XXXX XXXX with help of default management company XXXX XXXX XXXX, North Carolina, prepared and recorded a false Appointment of Substitute Trustee that appointed Poor Substitute Trustee Ltd to conduct Trustee Sale under the Homeowners deed of trust ( Exhibit 3 ) The Appointment of Substitute Trustee signed by XXXX XXXX - a Contract Management Coordinator for XXXX in the alleged capacity of a Vice President of non-existing corporation XXXX XXXX XXXX and as attorney-in-fact for XXXX. XXXX XXXX Texas Corporation - was dissolved in XXXX of XXXX after being acquired by XXXX XXXX XXXX XXXX. Notary XXXX XXXX stated that XXXX XXXX is personally known to the her in both capacities : as a Vice President of XXXX and as an attorney-in-fact for XXXX. Therefore, no Power of attorney or any verification were required. XXXX never appointed XXXX XXXX in any capacity including Attorney in fact, ( see written response from XXXX on this matter, Exhibit 4 ). First attempt to foreclose failed because XXXX did not offer any alternative to foreclosure, and Consumer Financial Protection Bureau order XXXX to postpone Trustee Sale for at least 45 days. Homeowner filed series of complaint against XXXX for fraudulent foreclosure. Homeowners constitutional rights for fair trial have been routinely impaired by either demurrer or dismissal Pursuant to 12 ( b ) ( 6 ). But dismissal of legal case despite of strong factual evidences does not make crime to go away. XXXX has no intention to stop illegal business and comply with law and orchestrated a second attempt to foreclose on Homeowners property. This time XXXX hired Brock & Scott PLLC with whom XXXX has conducted illegal foreclosures in Florida ( See Forensic Examination of the Real Property Records and the Circuit Court Records, XXXX County, Florida, issued on XX/XX/XXXX, page 160l. XXXX XXXX XXXXXXXX ) Chain 5. OnXX/XX/XXXX Brock & Scott PLLC prepared fraudulent Appointment of Substitute Trustee by which appointed Trustee Services of Virginia LLC as Substitute Trustee ( Exhibit 6 ). As previously, this document signed by XXXX employee XXXX XXXX Contract Management Coordinator- as an attorney-in-fact for XXXX. Needless to say, that no Power of attorney was presented before Notary Public XXXX XXXX, Contract Management Coordinator for XXXX, who certified that Carried Piebe is personally known as an attorney-in-fact for XXXX and therefore no identification ( power of attorney from XXXX ) is required. Affixing or submitting false signatures on a mortgage document is a violation of federal and state law, and those signatures are without authority to complete the transaction. According to a mortgage fraud notice prepared jointly by the Federal Bureau of Investigation and the XXXX XXXX XXXX, submitting false mortgage assignments and forging signatures violates potentially eight federal criminal statutes. Specifically : ( 1 ) 18 U.S.C. 1001 - Statements or entries generally ; ( 2 ) 18 U.S.C. 1010 - HUD and Federal Housing Administration transactions ; ( 3 ) 18 U.S.C. 1014 - Loan and credit applications generally ; ( 4 ) 18 U.S.C. 1028 - Fraud and related activity in connection with identification documents ; ( 5 ) 18 U.S.C. 1341 - Frauds and swindles by mail ; ( 6 ) 18 U.S.C. 1342 - Fictitious name or address ; ( 7 ) 18 U.S.C. 1343 - Fraud by wire ; and ( 8 ) 18 U.S.C. 1344 - Bank Fraud. See FBI Mortgage Fraud Notice ( available at XXXX : XXXX ) ; see, also, Truth in Lending Act, title XXXX of the Consumer Credit Protection Act, as amended, 15 U.S.C.
False or fraudulent notary acknowledgements are also a violation of Florida law, and the underlying signature is void. Florida Statute 117.05. ( See Exhibit 5 : Conclusion of Investigation on Notary Public XXXX XXXX ). Commission of fraud, misrepresentation, or any intentional violation of this chapter, and also lie under oath on XXXX XXXX and XXXX XXXX side, and fraud and abuse of power from XXXX XXXX, XXXX XXXX, and XXXX XXXX, which is a felony pursuant to 18 U.S.C.371 1001, 1011, 1018 ; 18 U.S.C.PART 1 CHAPTER 63 1341-1349. Last friday Homeowner spoke with XXXX customer relationship manager complaining that since XXXX of XXXX XXXX ignors my numerous requests for loan modification. XXXX representative instructed how to download a loan modification package saying that XXXX 's software restricts Homeowner 's account from modification or any other alternatives to foreclosure. Homeowner downloaded and submitted a modification package on XXXX XXXX. No acknowledgment of receipt receive from XXXX. Brock & Scott in response to Debt Verification Letter sent misleading and false information about the Homeowner 's creditor ( see attached VOD AND Brock & Scott response ) Brock & Scott informed in writing that Trustee sale is scheduled for XX/XX/XXXX, whereas placed classified ad informing about sale on XX/XX/XXXX ( see letter and classified ad ).
Company Response: Closed with explanation
2017-06-30
Charlotte, NC
False statements or representation
Debt collection: Credit card debt
Impersonated attorney, law enforcement, or government official
Company Response: Closed with explanation
2017-05-30
Ernul, NC
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-05-03
Miami, FL
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-04-03
Iron City, TN
False statements or representation
Debt collection: Credit card
Attempted to collect wrong amount
Company Response: Closed with explanation
2017-03-27
Ch Hgts, SC
Cont'd attempts collect debt not owed
Debt collection: Mortgage
Debt is not mine
Company Response: Closed with explanation
2017-03-26
Antioch, TN
Taking/threatening an illegal action
Debt collection: Credit card
Sued w/o proper notification of suit
Company Response: Closed with explanation
2017-03-21
Wesley Chapel, FL
False statements or representation
Debt collection: Credit card
Indicated shouldn't respond to lawsuit
Complaint: Brock & Scott a debt collector, filed a lawsuit against me in behalf of XXXX, who was later bought by XXXX XXXX. I was never formally served any intention to take this matter to court, therefore I was not provided an opportunity to defend myself in court and they were awarded a judgement by default.
Company Response: Closed with explanation
2017-01-31
Florence, SC
Disclosure verification of debt
Debt collection: Mortgage
Not given enough info to verify debt
Company Response: Closed with explanation
2017-01-27
Hickory, NC
Other
Mortgage: Other mortgage
Company Response: Closed with explanation