| Tags |
Servicemember
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
Caneel Capital, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Seized or attempted to seize your property
|
| Sub Product |
Mortgage debt
|
| Date Received |
2024-11-01
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-11-08
|
| Complaint What Happened |
XXXX XXXX, a registered business entity self-represented litigant, represented by XXXX, XXXX, XXXX for XXXX, XXXX Active and In Good Standing pursuant through Court Compliance Certificate # XXXX not appearing generally but exclusively by Special Visitation, before this court seeking a remedy in Equity as is provided by The Saving to the Suitors Clause at XXXX XXXX XXXX ( XXXX ) I am standing in my unlimited commercial liability as a Secured Party and XXXX that the Third-Party Plaintiffs do the same and waive all of their immunities. I respectfully request the indulgence of this court as I am not schooled in law. This is provided by the precedent set by XXXX vs. XXXX at XXXX XXXX XXXX.
DEFENDANT, XXXX XXXX represented by XXXX, XXXX moves the honorable court to Vacate Order for Default Judgment entered XX/XX/XXXX, pursuant to Illinois Compiled Statutes XXXX ILCS XXXX Code of Civil Procedure. Section XXXX, seeking post-judgement relief under section XXXX of the XXXX that provides for relief from final orders and judgments after 30 days from the entry within 2 years, thereof, XXXX XXXX. Relief from a Judgment or Order ( b ) ( XXXX ) ( XXXX ) and Section XXXX XXXX ( a ) ( XXXX ) that the asserted claim for foreclosure is unenforceable under the provisions of the Statute of Fraud that has no limitation, as detailed in the doctrine of law and Title XXXX XXXX XXXX. False claims ( a ) LIABILITY FOR CERTAIN ACTS. ( XXXX ) IN GENERAL - Subject to paragraph ( XXXX ), any person who ( A ) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval ; ( B ) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent ; DEFENDANT, XXXX XXXX represented by XXXX, XXXX claims all his inherent, unlimited, unalienable Constitutionally secured rights, now gives Notice to this Honorable Court, as follows : XXXX. DEFENDANT, XXXX XXXX represented by XXXX, XXXX XXXX pursuant to Rule XXXX Relief from a Judgment or Order ( b ) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court XXXX relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons : ( XXXX ) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule XXXX ( b ) ; ( XXXX ) fraud both intrinsic motivation from the internal desire of greed to accomplish the goal of unlawful conversion, and extrinsic motivation from external opportunity of unjust enrichment using deceitful misrepresentation, or misconduct and lack of standing by opposing party Plaintiff TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX and PRINCIPAL, THE XXXX LAW FIRM XXXX, and XXXX XXXX.
BACKGROUND XXXX. Representative XXXX, XXXX and XXXX, XXXX for XXXX Defendants XXXX XXXX AND XXXX XXXX have resided at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX. They are the legitimate owner grantees on the deed dated XX/XX/XXXX recorded XX/XX/XXXX as document # XXXX with the XXXX XXXX XXXX XXXX XXXX XXXX transferring ownership title from XXXX XXXX and XXXX XXXX to Defendants.
XXXX. XXXX XXXX Bank was the original lending financial institution that originated the Home Equity Line of Credit ( HELOC ) for {$19000.00} pursuant to closing documents on XX/XX/XXXX. The HELOC went into XXXX XXXX because there was never any follow up from XXXX XXXX Bank after the closing from the financial institution.
XXXX. On XX/XX/XXXX, an Assignment of Mortgage document was recorded with the XXXX XXXX XXXX XXXX XXXX XXXX showing XXXX XXXX XXXX XXXX XXXX, successor by merger to XXXX XXXX Bank as XXXX and XXXX XXXX XXXX XXXX as assignee of the XXXX XXXX XXXX but never notified the property owners about the new assignment as required by the Truth in Lending Act. Under the Truth in Lending Act, companies must inform borrowers when their mortgage is sold to another company.
XXXX. On XX/XX/XXXX, a Corporate Assignment of Mortgage was executed showing XXXX XXXX XXXX XXXX as XXXX and TRINITY FINANCIAL SERVICES , LLC as XXXX and was recorded in the XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, as document # XXXX, but Plaintiff TRINITY FINANCIAL SERVICES , LLC never sent a verifiable RESPA Letter of Introduction with proof of receipt by XXXX XXXX or any type of notice to Defendants that this assignment had occurred with servicing functions like introduction, notices, billing statements or account related updates breaching an assignees fiduciary duties pursuant to the Truth in Lending Act.
XXXX. Then XXXX XXXX claims a RESPA Goodbye Letter sent from XXXX XXXX XXXX XXXX dated XX/XX/XXXX, states that XXXX XXXX XXXX XXXX will no longer be servicing the loan, but it never was a servicer because there is no recorded assignment connecting XXXX to the XXXX property. Neither XXXX XXXX XXXX or XXXX XXXX XXXX of XXXX XXXX XXXX XXXX or any other employee signed the letter sent saying Goodbye, and what verification can Plaintiff TFS provide to prove the letter was actually sent from XXXX XXXX XXXX XXXX to and received by XXXX XXXX?
XXXX. On XX/XX/XXXX, Defendants received a letter from XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX conveying the following message in part : Dear Borrower ( XXXX ) : This office has been retained by Trinity Financial Services , LLC, the servicer of the above-referenced mortgage loan, to provide you with formal Notice that you are in default under the terms and conditions of the Mortgage and Note, for failure to pay the required installments or payments due beginning on XX/XX/XXXX, and thereafter. We are also required by federal law to notify you that XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX is deemed to be a debt collector, and any information obtained will be used for that purpose.
The past-due amount, including late charges or other fees, is {$13000.00}. To cure the default you must pay the past-due amount within 30 days of the date of this Notice by mailing an official bank check in the form of certified funds, cashiers check or money order to Trinity Financial Services , LLC at XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Florida XXXX.
XXXX. Plaintiff XXXX XXXX XXXX, LLCs XXXX XXXX letter, came out of nowhere, paid NO Consideration, but demanded payment of a XXXX zombie debt, totally ignoring the UCC Contract Law governing XXXX XXXX ILCS XXXX Statute of Limitations XXXX expiration on all written contracts including the XXXX HELOC where Consideration is the main element of a contract. Without consideration by both parties, a contract can not be enforceable. XXXX never created a debt collector contractual agreement with the DEFENDANTS, and therefore did not possess any enforceable right to foreclose.
XXXX. On XX/XX/XXXX, foreclosure case # XXXX XXXX XXXX was filed by Trinity Financial Services , LLC against XXXX XXXX, XXXX XXXX, XXXX XXXX to XXXX XXXX Bank, Illinois XXXX XXXX XXXX XXXX, Unknown Owners and Non-Record Claimants.
XXXX. The XXXX of Foreclosure was entered on XX/XX/XXXX.
XXXX. The Counterclaim Foreclosure case XXXX XXXX XXXX filed by XXXX XXXX, XXXX XXXX against TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT, THE XXXX LAW FIRM LLC # XXXX, XXXX XXXX, XXXX # XXXX, THE JUDICIAL SALES CORPORATION, XXXX XXXX, XXXX AND XXXX XXXX XXXX AND XXXX XXXX XXXX, SENIOR VICE PRESIDENT, XXXX MORTGAGE RESOLUTION XXXX XXXX, OWNER AND XXXX XXXX, CO-FOUNDER & MANAGING XXXX, UNKNOWN OWNERS was initially filed on XX/XX/XXXX XXXX. The Report of Sale and Distribution was entered on XX/XX/XXXX.
XXXX. The Mortgage Foreclosure Disposed / Sheriffs Sale Approved was entered on XX/XX/XXXX XXXX. On XX/XX/XXXX, Intervenor registered complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ) and the Illinois Attorney General in an effort to launch investigations into the foreclosure Ponzi scheme tactics used involving his property to validates Intervenors claim of injustice and the wrongdoing he and his family has suffered.
XXXX. On XX/XX/XXXX, a Notice of Intent to File Forcible Entry and XXXX was given to XXXX of my family members as she entered the property listing XXXX DENSMORE AVE. XXXX, XXXX as the owner of the property pursuant to foreclosure and further stating XXXX DENSMORE AVE. XXXX, XXXX or its XXXX or TRINITY FINANCIAL SERVICES , LLC ( TFS ) is hereby notifying you pursuant to DEFENDANT HAS A XXXX CLAIM XXXX. Plaintiff TFSs owner XXXX XXXX is a junk debt buyer of portfolios of cheap second mortgage assets that he claims to be the legal holder of an uncollectable statute of limitation expired indebtedness of properties with dormant low dollar amounts that he inflates, hoping to make a killing. The conspiracy of Plaintiff TFSs owner XXXX XXXX, XXXX, XXXX, XXXX, XXXX XXXX XXXX, PLLCs XXXX XXXX and The XXXX Law Firm XXXX, XXXX XXXX, law firms with low standards of professionalism, include the unlawful and illegal tactics of submitting counterfeit notes as evidence, recording fraudulent assignments with notarized signatures of robo-signers, unjust enrichment through the inflation of the original HELOC amount of {$19000.00} to {$33000.00} from a purchased debt bought as far back as XXXX that Plaintiff TFS probably held for 6 years to create the indebtedness claim and the infliction of stress as homeowners scramble to figure out how to handle this claim from a zombie debt that was long forgotten and they thought was dead.
XXXX. Then XXXX XXXX submits a report that is labeled as a " XXXX XXXX '' from the XXXX companies working for the investment banks that process that data. The report is pure hearsay that is not admissible in court but because homeowners and lawyers fail to test the report, they fail to reveal the fact that XXXX XXXX, the " servicer '' never was party to any transaction that was then enter as data on its own bank accounts, accounting ledgers and books of record. That is why XXXX XXXX never provided any servicing functions, there was never any accounting ledgers kept creating a monthly record that would be reported to the Defendants. None of that happened. And all claims regarding the existence of the loan account receivable ( LAR ), and authority to enforce, administer to collect money for the XXXX are false. That is not an opinion. It is a fact under current law that nobody can legally collect on a debt that does not exist -- - even if the named debtor believes the false claim that the XXXX exists.
XXXX. XXXX in XXXX by the conspirators was committed with the filing of XXXX case XXXX CH XXXX concealing the aforementioned nefarious tactics and other deceitful practices that the court XXXX signs off on and therefore enjoins the conspiracy.
XXXX. The fraudulent assignments prepared by XXXX XXXX document service company and robo signed by XXXX of their employees are then recorded in XXXX XXXX recorders offices making the assignments a public record to validate a false claim of transferor/transferee to basically steal unsuspecting homeowners property. Plaintiff TFS has not provided proof of claim to be the holder in due course other than a counterfeit note and XXXX fraudulent assignments. Defendants believe the Plaintiffs DO NOT have lawful Proof of Claim and there is no evidence to the contrary. This is XXXX in commerce, Theft, XXXX, XXXX, and XXXX.
FRAUD IN CONCEALMENT XXXX. The documents provided in Plaintiff TFSs response that immediately raised a red flag from their rebuttal response to CFPB claim by Representative XXXX, XXXX and XXXX, XXXX XXXX Defendants XXXX XXXX AND XXXX XXXX XXXX as XXXX XXXX The Date And Signers Of The Mortgage And The Note : XXXX. The XXXX XXXX Bank Mortgage clearly shows it was signed by both myself, XXXX XXXX, and my wife, XXXX XXXX, on XX/XX/XXXX, but that is not what happened. My wife XXXX was at her place of employment and not present when I went to the XXXX XXXX Bank on XX/XX/XXXX, to sign the closing documents. My signature was the only signature on the Mortgage XXXX that the notary witnessed me signing and notarized after I signed.
XXXX. The next document TFS references as the Note is a generic looking document. It has XXXX XXXX XXXX XXXX XXXX XXXX at the top and is dated XX/XX/XXXX, the same date as the Mortgage, but there is no account number and our names ( XXXX & XXXX XXXX ) are not inserted within the first page, nor the body of the XXXX document that contains terms and conditions similar to a Mortgage for different states that dont include Illinois. The suspicious part is, it was pre-drafted with my wife, XXXX XXXX, name and is signed by my wife XXXX XXXX only but not by me, XXXX. I am on the mortgage and was present on the XX/XX/XXXX, date.
XXXX. This proves that the note was not signed on the same date as the Mortgage XXXX. XXXX XXXX an agent from XXXX XXXX Bank came to her place of employment approximately 2 days after XX/XX/XXXX and had her sign the note and then back date her signature on the Mortgage Contract to the XXXX with no notary present. This is in violation of XXXX XXXX Code XXXX - Penalties for document fraud and is the reason the Consumer Financial Protection Bureau launch lawsuit XXXX. XXXX XXXX XXXX against XXXX Bank successor to XXXX XXXX.
XXXX. The other red flag is it was endorsed by XXXX XXXX, Vice President of XXXX XXXX XXXX XXXX XXXX with a Pay To The Order of to XXXX Mortgage Resolution on the XX/XX/XXXX date, but XXXX Bank, NA did not merge with XXXX XXXX Bank until XX/XX/XXXX, plus when a Pay To The Order Of. is applied to a financial document the obligator, XXXX XXXX, my wife is being released of that obligation. There is no other date within the XXXX document to reference when the transaction occurred and no-account number attaching to the mortgage account.
The XXXX XXXX XXXX XXXX Assignment : XXXX. The XXXX XXXX XXXX XXXX Assignment is a very questionable document because it was prepared by, requested to be recorded by and executed by XXXX XXXX XXXX, Vice President of XXXX Bank and returned to XXXX XXXX, XXXX Mortgage, a division of XXXX Bank, all in-house. Why was XXXX XXXX XXXX XXXX XXXX XXXX, Owner and XXXX XXXX, Co-Founder & Managing XXXX left out of the loop? Did XXXX XXXX XXXX XXXX really participants in the transaction since we never received any notices, acknowledgements or statements from XXXX XXXX XXXX XXXX after the executed assignment on XX/XX/XXXX, and recorded document # XXXX on XX/XX/XXXX, with the XXXX XXXX XXXX of Deeds.
XXXX. XXXX Bank XXXX XXXX officers XXXX XXXX, Vice President and XXXX XXXX XXXX, XXXX XXXX both need to be contacted to request notarized statements on their participation in this transaction and specifically why a closing for the buying and selling of this account did not include XXXX since it is our property.
XXXX XXXX Fraudulent Assignments XXXX. The property listed has unlawfully, illegally and immorally been stolen by false designation assignments of Trinity Financial Services , LLC ( TFS ) recorded within the XXXX XXXX Recorder of Deeds Uniform Instrument Recording System, TFS purposely recording fraudulent assignments prepared by XXXX XXXX XXXX XXXX and Robo signed by XXXX XXXX who list herself as Assistant Vice President of Trinity Financial Services , LLC XXXX, Assistant Vice President of XXXX XXXX XXXX XXXX XXXX and Assistant Vice President of XXXX XXXX XXXX an unrelated assignment, when she is actually a seven-year employee of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MO XXXX XXXX
XXXX. Trinity Financial Services , LLC is in total violation of XXXX XXXX XXXX XXXX - Penalties for document fraud. ( a ) Activities prohibited : It is unlawful for any person or entity knowingly ( XXXX ) to forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter or to obtain a benefit under this chapter, ( XXXX ) to use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this chapter or to obtain a benefit under this chapter, XXXX. The concealed fraud of the assignments being imposed upon Defendants that effectually steals the equitable side of the XXXX XXXX along with all assets and properties into the private side of falsifying legal documents, forced to serve pleasures and profits of attorneys and the business of banking. The XXXX XXXX XXXX of Deeds assignments : Doc # : XXXX and Doc # : XXXX prepared by XXXX XXXX XXXX XXXX and Robo signed by XXXX XXXX are fraudulent and therefore non-compliance, yet it is being used as compliance in foreclosure case # XXXX XXXX XXXX, thereby attorneys XXXX XXXX, XXXX # XXXX representing Plaintiff TFS and XXXX XXXX XXXX representing XXXX XXXX XXXX XXXX, XXXX in XXXX XXXX XXXX are complicit in committing fraud upon the court.
XXXX. The concealment of sophisticated trade processes and procedures hidden behind false assignments and representations of ordinary course are deceptive trade practices of the XXXX XXXX XXXX and violation of equal protection, due process and XXXX XXXX Rights. The XXXX A filing on the Public Record is to give notice that the legitimate owners that created the security as the Secured Party ( ties ) Have Not Abandoned And Will Not Abandon Assets And Properties where Deceptive Trade Practices have been weaponized by con men like XXXX XXXX.
UNJUST ENRICHMENT Consumer Financial Protection Bureau XXXX United States XXXX XXXX XXXX Bank XXXX. The concealed fraud also includes no disclosure of the XX/XX/XXXX, court entered consent order in the Consumer Financial Protection Bureau XXXX United States XXXX XXXX XXXX Bank ( XXXX. XXXX XXXX XXXX ), an Equal Credit Opportunity Act and Fair Housing Act case that resulted from a joint investigation by the Division and the CFPB for loans originated from XXXX to XXXX. XXXX Bank is the successor in interest to XXXX XXXX Bank. The complaint filed on XX/XX/XXXX, alleged a pattern or practice of discrimination on the basis of race and national origin in residential mortgage lending. The consent order requires XXXX Bank to pay {$35.00} XXXX to African-American and XXXX victims of XXXX XXXX Bank XXXX XXXX conduct.
XXXX XXXX Code XXXX - RELIEF AVAILABLE XXXX. The XXXX empowers the XXXX to XXXX any appropriate legal or equitable relief including, without limitation, a permanent or temporary injunction, rescission or reformation of contracts, the refund of moneys paid, restitution, disgorgement or compensation for unjust enrichment, monetary relief, and civil money penalties, to prevent and remedy any violation of any provision of law enforced by the XXXX. XXXX XXXX. XXXX.
( XXXX ) Relief under this section XXXX include, without limitation ( A ) rescission or reformation of contracts ; ( B ) refund of moneys or return of real property ; ( C ) restitution ; ( D ) disgorgement or compensation for unjust enrichment ; ( XXXX ) payment of damages or other monetary relief ; ( F ) public notification regarding the violation, including the costs of notification ; ( G ) limits on the activities or functions of the person ; and ( H ) civil money penalties, as set forth more fully in subsection ( c ).
LACK OF STANDING TO FORECLOSE XXXX. XXXX XXXX XXXX Bank XXXX XXXX XXXX no consideration and having shown no intention to be a party to the contract by signing it, neither the mortgage lender nor any third party like XXXX who purchased the mortgage at a later date has any standing to enforce the terms of the mortgage. Therefore, the so-called mortgage contract fails for lack of consideration and is void XXXX. Codified under rule XXXX of the XXXX rules of evidence and clarifies who is and is not competent to testify. Attorney XXXX XXXX of THE XXXX LAW FIRM XXXX is incompetent to testify on behalf of Plaintiff TRINITY FINANCIAL SERVICES , LLC, a lifeless business entity because all Attorney XXXX can offer is hearsay testimony. All corporations are decedents because they are not real. Under Article XXXX, Section XXXX, of the United States XXXX states standing is a threshold issue, and the court judge XXXX is supposed to address that after the subject matter jurisdiction is challenged, because none of these servicing companies foreclosing on loans have standing to come into court and foreclose on any loan, because they do not own the loans. The borrower is the one who owns the security and has all the rights pertaining to the contract because the borrowers signature is the only signature on the document.
XXXX. XXXX XXXX, Principal of Plaintiff TRINITY FINANCIAL SERVICES , LLC is a representative of the lifeless business entity and therefore not qualified to give firsthand knowledge on behalf of Plaintiff TRINITY FINANCIAL SERVICES , LLC. A perfect example that disqualifies him is The Affidavit of Amounts Due and Owing that carries a notarized signature by Defendant XXXX XXXX filed in case XXXX CH XXXX states, Lender acquired the servicing rights for the Defendants loan effective on XX/XX/XXXX from XXXX XXXX XXXX XXXX XXXX XXXX At the time of this transfer, the Defendants loan was in default. This notarized affidavit statement is contradictory to the fraudulent XXXX XXXX XXXX of Deeds document # XXXX filed XX/XX/XXXX showing the Assignor as XXXX XXXX XXXX XXXX, not XXXX XXXX XXXX XXXX XXXX XXXX and XXXX TRINITY FINANCIAL SERVICES , LLC executed on XX/XX/XXXX, not XX/XX/XXXX.
XXXX. THE XXXX LAW FIRM XXXX and XXXX XXXX are perpetrating fraud on Defendants by clearly representing Plaintiff TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVE as the owner-in-due-course rather than the servicer for the owner pursuant to the finding in XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX the XXXX of XXXX XXXX mortgages as merely a servicer, when it had no legal ground for such an action. Plaintiff TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVE are servicers and therefore proof of legal standing for foreclosure needs to be proven by THE XXXX LAW FIRM XXXX and XXXX XXXX and without valid proof the foreclosure case should be dismissed, and the sheriffs deed should be quieted. I believe TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX DO NOT have lawful Proof of Claim and there is no evidence to the contrary. This is XXXX in commerce, Theft, XXXX, XXXX, and XXXX.
XXXX. Not only does Attorney XXXX XXXX and THE XXXX LAW FIRM XXXX lack standing to foreclose on the subject property because XXXX XXXX does not own the loan, they held absolutely no authority to order the judicial sale of XXXX XXXX XXXX XXXX, despite the Judgement that Defendants never received, by Co-Conspirators XXXX XXXX, XXXX AND XXXX XXXX XXXX and XXXX XXXX XXXX, SENIOR VICE PRESIDENT of THE JUDICIAL SALES CORPORATION their agents scheduled on XX/XX/XXXX at XXXX a.m. Defendants are personally liable for the theft of Defendants property.
XXXX. Defendants have stated in the opening paragraph, they are before this court by special appearance, without waiving any rights, defenses, statutory or procedural at the top of this pleading, to avoid waving jurisdiction.
INFLICTION OF STRESS XXXX. XXXX and XXXX XXXX owed a duty to use reasonable care in their conduct regarding the health, safety, and rights of building inhabitants. It was foreseeable and probable that me and my family would suffer harm and/or severe emotional distress from XXXX and XXXX XXXX acts, omission, and unlawful misconduct. XXXX and XXXX XXXX owed a duty to this foreseeable family to not cause them harm and/or emotional distress, injuries of which should have been foreseeable. Defendants acted intentionally and/or recklessly with utter disregard for the resultant trauma and/or other harm that could or was to befall and/or was suffered by me and my family. XXXX and XXXX XXXX acts, omissions, and unlawful misconduct were done with reckless disregard to the safety and wellbeing of me and my family.
XXXX. This conduct was atrocious and transcended all bounds of decency, such that this conduct would be utterly intolerable in a civilized society Plaintiff and Third-Party Co-Conspirators acted individually and collectively, and intentionally and/or recklessly in employing, affiliating, and/or encouraging and promoting Plaintiff XXXX XXXX SERVICES and other Third-Party XXXX XXXX At all relevant times, Plaintiff and Third-Party Co-Conspirators, TRINITY FINANCIAL SERVICES , LLC XXXX XXXX XXXX XXXX XXXX THE XXXX LAW FIRM XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX VICE PRESIDENT of THE JUDICIAL SALES XXXX and XXXX herein Co-Conspirators were acting in the course and scope of their employ and/or in furtherance of a common purpose, whether actual or apparent, with Third-Party Co-Conspirators, to protect Plaintiff TRINITY FINANCIAL SERVICES, other herein XXXX XXXX XXXX and the XXXX XXXX SERVICES retail brand. My family has a lawful right to the home that has been in my family close to 18 years and we have a right to the remedy of being left alone.
XXXX of XXXX : XXXX by XXXX does not change ownership XXXX. This means the original conveyance showing XXXX XXXX represented by XXXX, XXXX as XXXX is still the owner because the property was never conveyed from XXXX XXXX and his wifes ownership. XXXX XXXX and XXXX XXXX, the original owners, remain the owners of the property since ownership can not be conveyed using a counterfeit note on a charged off dead debt, recording fraudulent assignments with notarized signatures of a robo signer by a greedy junk debt buyer XXXX XXXX, Principal of Plaintiff TRINITY FINANCIAL SERVICES , LLC.
XXXX. XXXX XXXX and XXXX XXXX are still the owners of the subject property, received no consideration and therefore have no obligation to Plaintiff, TRINITY FINANCIAL SERVICES , LLC, or XXXX XXXX XXXX, or THE XXXX LAW FIRM XXXX, or XXXX XXXX.
JUDICIAL NOTICE XXXX. DEFENDANT XXXX XXXX represented by XXXX, XXXX instructs the Clerk of the XXXX XXXX XXXX XXXX XXXX XXXX to notate the case record of the appointment of XXXX Judge as Trustee to clear up the issue of Fraudulent Conveyance and the issue of Lack of Standing that are glaring constitutional violations.
XXXX. The XXXX XXXX is no longer vacant because, as XXXX, I am appointing myself as the executor of the estate. I am claiming the office of the special occupant of the legal estate. And I am making you the trustee by the XXXX of XXXX XXXX of XXXX. And as Executor I, XXXX, XXXX, as representative for the Defendant appoints the XXXX Judge as trustee in a limited capacity to inform opposing Attorney XXXX to stand down, vacate the judgment and dismiss the case with prejudice.
Pursuant to Title XXXX XXXX Code XXXX - Penalties for document fraud ( C ) Issuance of orders : If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has violated subsection ( a ), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph ( XXXX ).
( XXXX ) Cease and desist order with civil money penalty - With respect to a violation of subsection ( a ), the order under this subsection shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of ( B ) in the case of a person or entity previously subject to an order under this paragraph, not less than {$2000.00} and not more than {$5000.00} for each document that is the subject of a violation under subsection ( a ). This includes the TFS lawsuit filed XX/XX/XXXX, the use of XXXX XXXX XXXX Bank Mortgage XXXX and Note dated XX/XX/XXXX, the fraudulent {$33000.00} Due and Owing Affidavit, both XXXX Mortgage Resolution, XXXX and TFS assignments and the XXXX DENSMORE AVE. XXXX, XXXX illegal sales deed that needs to be quieted.
XXXX. Since XXXX, XXXX, as representative for the DEFENDANT is Executor and knows the Performance Bond being used to fund this proceeding is in XXXX XXXX & XXXX XXXX, and therefore subrogation of the case contract needs to be corrected to reflect the removal of The XXXX Law Firm and XXXX XXXX as beneficiaries merging the public and the private sides of the record, XXXX the quieting of the XXXX DENSMORE AVE. XXXX, XXXX illegal conveyance to XXXX XXXX XXXX XXXX and dismissal of this case with prejudice.
XXXX. The XXXX XXXX being the highest office represented in this notice, has pointed out the mistake the court has made and is offering the chance to correct the record and the appointed XXXX XXXX first task is to immediately dismiss this case with prejudice, and that all damages will be prepared and submitted in a fee schedule statement for all the damages incurred from this gross XXXX of justice. The Rights of XXXX under XXXX XXXX XXXX XXXX provides that restitution and reimbursement is granted to me as a remedial right to which an aggrieved party is entitled from this tribunal, because I am the owner, heir and beneficiary of the estate.
XXXX XXXX XXXX non XXXX, No one can give that which he does not have I affirm that the foregoing is fact-based true and correct, and I have not perjured myself with this drafted Section XXXX Petition To Vacate Judgment entered XX/XX/XXXX in support of separately filed Witness Testimony In The Form Of An Affidavit Of Truth ( see XXXX XXXX. XXXX ; XXXX XXXX. XXXX ).
|
| Consumer Consent Provided |
Consent provided
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
Caneel Capital, LLC
|
| Product |
Mortgage
|
| Sub Issue |
Foreclosure
|
| Sub Product |
Home equity loan or line of credit (HELOC)
|
| Date Received |
2023-12-06
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-12-06
|
| Complaint What Happened |
Complaint Facts : TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX and PXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX commenced a foreclosure lawsuit on XX/XX/XXXX, to foreclose on me and my wifes property located XXXX XXXX XXXX XXXX XXXX, XXXX. TRINITY FINANCIAL SERVICES , LLC, was assigned the mortgage from US Mortgage Resolution LLC XX/XX/XXXX, per document # XXXX recorded XX/XX/XXXX, but never sent any notice to us that this assignment had occurred. TRINITY FINANCIAL SERVICES , LLC never performed any of the servicing functions like introduction, notices, billing statements or account related updates breaching an assignees fiduciary duties and never creating a contractual agreement with my wife and I.
After reading the XXXX XXXX XXXX claims from people with similar complaints as ours and the fact that TFS has an F rating but is still being allowed to operate is very upsetting and very troubling. This is why people are losing or have lost faith and confidence with banking and lenders.
TFS is a predatory stalker of properties with low dollar amount second mortgages that contract document preparation service companies like XXXX XXXX and in this case XXXX XXXX using fraudulently prepared assignments to basically steal unsuspecting homeowners property.
The long explanation TFS submitted in their response to Consumer Financial Protection Bureaus follow up is generic and probably routine. The documents provided in TFSs response that raise a red flag are what I will highlight in this rebuttal response to CFPB.
The date and signers of the Mortgage and the Note : 1. XXXX XXXX XXXX XXXX XXXX clearly shows it was signed by both myself, XXXX XXXX, and my wife, XXXX XXXX, on XX/XX/XXXX XXXX. The next document TFS references as the Note is a generic looking document. It has XXXX XXXX XXXX XXXX XXXX XXXX at the top and is dated XX/XX/XXXX, the same date as the Mortgage, but there is no account number and our names ( XXXX & XXXX XXXX ) are not inserted within the first page, nor the body of the 6-page document that contains terms and conditions similar to a Mortgage for different states that dont include XXXX. The suspicious part is, it was pre-drafted with my wife, XXXX XXXX, name and is signed by my wife XXXX XXXX only but not by me, XXXX. I am on the mortgage and was present on the XX/XX/XXXX, date. The other red flag is it was endorsed by XXXX XXXX, Vice President of XXXX XXXX XXXX XXXX XXXX with a Pay To The Order of to XXXX XXXX XXXX on the XX/XX/XXXX date, but XXXX XXXX XXXX did not merge with XXXX XXXX XXXXXXXX until XX/XX/XXXX, plus when a Pay To The Order Of. is applied to a financial document the obligator, XXXX XXXX, my wife is being released of that obligation. There is no other date within the 6-page document to reference when the transaction occurred and no-account number attaching to the mortgage account.
The XXXX XXXX XXXX XXXX Assignment : 1. The XXXX XXXX XXXX XXXX Assignment is a very questionable document because it was prepared by, requested to be recorded by and executed by XXXX XXXX XXXX, Vice President of XXXX XXXX and returned to XXXX XXXX, XXXX XXXX, a division of XXXX XXXX, all in-house. Why was XXXX XXXX XXXX XXXX left out of the loop?
2. The XXXX Attorney General, Consumer Financial Protection Bureau and The Federal Tade Commission should seek evidence that XXXX XXXX XXXX XXXX XXXX XXXX, Owner and XXXX XXXX, Co-Founder & Managing Director were really participants in the transaction since we never received any notices, acknowledgements or statements from XXXX XXXX XXXX XXXX after the executed assignment on XX/XX/XXXX, and recorded document # XXXX on XX/XX/XXXX, with the XXXX XXXX Recorder of Deeds.
3. XXXX XXXX XXXX XXXXXXXX officers XXXX XXXX, Vice President and XXXX XXXX XXXX, Vice President both need to be contacted to request notarized statements on their participation in this transaction and specifically why a closing for the buying and selling of this account did not include us since it is our property. This is a remedial oversight action the Attorney General, Consumer Financial Protection Bureau and The Federal Tade Commission should request from both of the XXXX XXXX XXXX employees and the XXXXXXXX XXXX employee.
There are 2 letters that are referenced : 1. The RESPA Welcome Letter from TFS sent to my wife XXXX XXXX dated XX/XX/XXXX. XXXX, in the TFS response states that it was sent to XXXX XXXX because she was the signer of the note, but why was she the sole signer of the note when I, XXXX, am on the mortgage and was present?
2. The RESPA Goodbye Letter sent from XXXX XXXX XXXX XXXX dated XX/XX/XXXX, states that XXXX XXXX XXXX XXXX will no longer be servicing the loan, but it never was a servicer. When did they even become a servicer? Where is the RESPA Hello Letter?
3. Neither XXXX XXXX XXXX or XXXX XXXX XXXX of XXXX XXXX XXXX XXXX or any other employee signed the letter sent saying Goodbye, and what verification can TFS provide to prove the letter was actually sent from XXXX XXXX XXXX XXXX to and received by XXXX XXXX?
XXXX XXXX and XXXX XXXX Through our research it was discovered that the assignment and allonge signed by XXXX XXXX are fraudulent documents. The assignment and allonge were prepared by XXXX XXXX XXXX XXXX and XXXX signed by XXXX XXXX who list herself as Assistant Vice President of Trinity Financial Services , LLC, Assistant Vice President of XXXX XXXX XXXX XXXX and Assistant Vice President of XXXX XXXX XXXX an unrelated assignment, when she is actually a seven-year employee of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MO XXXX XXXX ( XXXX ) XXXX E-mail : XXXX XXXX unrelated assignments are enclosed for review showing XXXX XXXX as the Assistant Vice President of 3 different companies within months, and even days apart. XXXX XXXX should be investigated, interviewed and required to submit a notarized affidavit of her role in this document forging scam. This is a remedial oversight action the Attorney General, Consumer Financial Protection Bureau and The Federal Trade Commission should act on immediately before our family and other families are further damaged. This one factor really should be enough to dismiss TFSs claim and demand the XXXX XXXX XXXX start the process of Quiet Title on my property by the oversight governing bodies.
Personal Statement : This whole ordeal has been a nightmare for me and my wife. It put us both under a great deal of pressure. I was under so much pressure I had trouble sleeping and it took a toll on my health and stressed my wife out so much that she almosXXXX XXXX XXXX XXXX, born XX/XX/XXXX. This child makes us the parents of XXXX XXXX XXXX XXXX XXXX children with this newest addition XXXX XXXX XXXX XXXX XXXX. We, as a family, continue to pray that our XXXX wasnt affected by the stress my wife was under from being targeted by TFS activities, that shows up letter in her development as described in this exert from a posted article on the subject of XXXX XXXX shared next.
XXXX XXXX XXXX Report : A new study published by the XXXX XXXX XXXX in the XXXX XXXX XXXX suggested that psychological stress and distress during the XXXX period uniquely increases the odds of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. '' Researchers noted that while effects may be relatively small, they may persist across developmental periods from early childhood through adolescence.
In a separate study published in the XXXX XXXX XXXX XXXX, researchers from the XXXX XXXX XXXX XXXX ( XXXX ) in XXXX found that mothers-to-be who experience even moderate stress during their XXXX are nearly four times more likely to have offspring who develop a XXXX XXXX.
They also implied that women who are severely stressed during the duration of their XXXX are, in some cases, nearly 10 times more likely to have children who are at risk of developing a XXXX XXXX by age XXXX when compared with those whose mothers experience little or no stress during the period between XXXX XXXX XXXX.
The impact of XXXX XXXX on a childs development can carry over to the family environment and parent-child relationships both of which could increase the likelihood, suggested the authors.
The XXXX lockdown is the reason I moved my family to XXXX after I accepted a XXXX XXXX XXXX position for a private corporation located in XXXX giving me the financial means to cover continuous legal filing cost and support my family. The family in the XXXX property has provided needed funds, from rents paid to cover the first mortgage payments, utilities , county taxes and city water services and other maintenance costs. If we lose the rental income, it will be financially devastating because there is nothing stating that the first mortgage obligation will be extinguished if TFS is allowed to succeed in stealing my property that they paid absolutely no consideration for and performed none of the responsibilities of a servicer because they are a small servicer with a very greedy appetite!
TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVEs authority over the subject property and Debt Collector XXXX XXXX XXXX XXXX XXXX and XXXX XXXX are perpetrating fraud on homeowners by clearly representing TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVE as the owner-in-due-course rather than the servicer for the owner pursuant to the finding in XXXX XXXX XXXX and XXXX XXXX where XXXX took the liberty of foreclosing on mortgages as merely a servicer, when it had no legal ground for such an action. TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX, AFFIANT AND AUTHORIZED REPRESENTATIVE are servicers and therefore proof of legal standing for foreclosure needs to be proven by XXXX XXXX XXXX XXXX XXXX and XXXX XXXX and without valid proof the foreclosure case should be dismissed, and the sheriffs deed should be quieted. I believe TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX DO NOT have lawful Proof of Claim and there is no evidence to the contrary. This is Dishonor in commerce, Theft, Fraud, Conspiracy, and Racketeering.
All the points included in this oversight requires remedial investigating action by the Attorney Generals Office, Consumer Financial Protection Bureau and The Federal Trade Commission because the chancery administrative judges with no legitimate authority because chancery is not a land jurisdiction court, possesses no subject matter jurisdiction and is adjudicating cases in an improper venue, is accepting third party hearsay testimony from legal thugs co-conspirators, are signing off on their complaints and orders to evict legitimate homeowners from their homes, that the sheriffs carryout giving us no recourse but to fight this by reporting it to oversight agencies, otherwise we will be forced into using unconventional means.
We the XXXX Family are peaceful American inhabitants asking this agency to protect myself, my wife XXXX, and my familys civilian unalienable rights guaranteed by the organic constitution of The United States of America ( unincorp ), put aside any prejudicial judgements, and examine the facts. As a direct and proximate result of XXXX XXXX of Trinty Financial Services, LLCs unlawful conspiracy against my XXXX given human and civilian rights have been damaged in an amount that I will prove.
Sincerely, By : /s/ : XXXX XXXX
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Consent provided
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