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DEMAND NOTICE FOR Dre1

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0% found this document useful (0 votes)
142 views8 pages

DEMAND NOTICE FOR Dre1

DoN

Uploaded by

richwilliams1008
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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NOTICE OF RESCISSION

DATE

Name
Without Recourse

CORPORATION NAME
CORPORATION ADDRESS
CORPORATION CITY, STATE, ZIP

RE: ACCOUNT NUMBER


Legal Counsel
Compliance Dept.
Dear (or Holder in Due Course),
I, Name, Original Creditor and Natural Man hereby rescind my consent to be liable or
compelled to perform on the Security Interest in the contract I entered with DEALERSHIP
NAME/ADDRESS who apparently operated on behalf of CORPORATION NAME on [Date of
Agreement]. I refuse liability on any debt owed to you, CORPORATION NAME, barring the
condition that you, on behalf of CORPORATION NAME can validate the debt by providing an
ORIGINAL copy of the MASTER PROMISSORY NOTE originally signed with my, Name, wet
signature, as well as the signature of CORPORATION NAME or signature of an Agent of
CORPORATION NAME whom I’m alleged to be involved in a Secured Transaction through use of
Consumer Credit with. Throughout this Retail Installment Sales Contract, I find a number of
inconsistencies starting with;
1. FAILURE TO DISCLOSE:
 Title 15 U.S. Code § 1635(a) Disclosure of obligor’s right to rescind.
 Title 28 CFR § 16.53(a)(b)(1)(2)(3) - Use and collection of social security
numbers.
 Title 42 U.S. Code § 408(8) - Penalties (related to Disclosure of the use of Social
Security Numbers).
 Title 17 CFR § 248.1(a)(1)(2)(3) - Initial privacy notice to consumers required, 17
CFR § 248.49(a)(2), 17 CFR § 248.6 Information to be included in privacy
notices, 17 CFR § 248.7(a)(1)(i)(ii)(iii) - Form of opt out notice to consumers; opt
out methods.
 Title 12 CFR § 360.6(a)(2) - Treatment of financial assets transferred in
connection with a securitization or participation (Transparency regarding the

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process of the consumer credit application & Promissory Note being the
financial asset(s)).
2. FAILURE TO PERFORM:
 Title 12 U.S. Code § 83(a) - Loans by bank on its own stock,
 Title 16 CFR § 433.1(d) - Purchase money loan.
3. INVALID FINANCE CHARGE:
 Title 15 U.S. Code § 1605(a) - Determination of finance charge
Based on the above evidence, I have reason to believe that Agents authorized to deal on
behalf of CORPORATION NAME willingly and knowingly took advantage of me and my
consumer credit.
I am not terminating or canceling this contract, I’m simply stating that unless you can
rebut the claims brought against you in this notice with substantial evidence, then I discharge
all liability contained in this alleged obligation, without recourse, and I am rescinding the
security interest in this agreement and any right I waived unknowingly, unintentionally and
involuntarily as I have found several violations including but not limited to: Truth In Lending
Act.
Take notice pursuant to Title 15 U.S. Code § 1635(a): Except as otherwise provided in
this section, in the case of any consumer credit transaction (including opening or increasing
the credit limit for an open end credit plan) in which a security interest, including any such
interest arising by operation of law, is or will be retained or acquired in any property which is
used as the principal dwelling of the person to whom credit is extended, the obligor shall
have the right to rescind the transaction until midnight of the third business day following the
consummation of the transaction or the delivery of the information and rescission forms
required under this section together with a statement containing the material disclosures
required under this subchapter, whichever is later, by notifying the creditor, in accordance
with regulations of the Bureau, of his intention to do so. The creditor shall clearly and
conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a
transaction subject to this section the rights of the obligor under this section. The creditor
shall also provide, in accordance with regulations of the Bureau, appropriate forms for the
obligor to exercise his right to rescind any transaction subject to this section.
In addition, I was given false and deceptive information, and informed that a down
payment of [IF DOWN PAYMENT WAS TENDERED FOR VALUE, AMOUNT] was needed for me
to drive off the lot. Take notice again of Title 15 U.S.Code § 1635(b): Within (20) Twenty days
after receipt of a notice of rescission, the creditor shall return to the obligor any money or
property given as earnest money, downpayment, or otherwise, and shall take any action
necessary or appropriate to reflect the termination of any security interest created under the
transaction. If the creditor has delivered any property to the obligor, the obligor may retain
possession of it. Upon the performance of the creditor’s obligations under this section, the
obligor shall tender the property to the creditor, except that if return of the property in kind
would be impracticable or inequitable, the obligor shall tender its reasonable value.
I was never given notice I had (3) Three days to rescind the initial agreement and/or the
security interest I unintentionally waived in this “agreement”. It’s a strict regulation of the FTC

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(Federal Trade Commission) as well as the CFPB (Consumer Financial Protection Bureau) that
under this section, TILA or the Truth In Lending Act that in the case of;
 any consumer credit transaction (including opening or increasing the credit
limit for an open end credit plan) in which a security interest, including any
such interest arising by operation of law, is or will be retained or acquired in
any property which is used as the principal dwelling of the person to whom
credit is extended, the obligor shall have the right to rescind the transaction
until midnight of the third business day following the consummation of the
transaction or the delivery of the information and rescission forms required
under this section together with a statement containing the material
disclosures required under this subchapter, whichever is later, by notifying the
creditor, in accordance with regulations of the Bureau, of his intention to do
so. The creditor shall clearly and conspicuously disclose, in accordance with
regulations of the Bureau, to any obligor in a transaction subject to this section
the rights of the obligor under this section (which did not happen). The creditor
shall also provide, in accordance with regulations of the Bureau, appropriate
forms for the obligor to exercise his right to rescind any transaction subject to
this section (again, which did not happen).
The use of my Social Security Number was abused in the process as well. Pursuant to 28
CFR § 16.53, I was NEVER given disclosure that (1) Whether providing social security numbers
is mandatory or voluntary; (2) Any statutory or regulatory authority that authorizes the
collection of social security numbers; and/or (3) The uses that will be made of the numbers.
Pursuant to 42 U.S. Code § 408(8), Penalties for whoever;
(8) discloses, uses, or compels the disclosure of the social security number of any
person in violation of the laws of the United States;
 shall be guilty of a felony and upon conviction thereof shall be fined under title
18 or imprisoned for not more than (5) five years, or both, except that in the
case of a person who receives a fee or other income for services performed in
connection with any determination with respect to benefits under this
subchapter (including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who is a physician
or other health care provider who submits, or causes the submission of,
medical or other evidence in connection with any such determination, such
person shall be guilty of a felony and upon conviction thereof shall be fined
under title 18, or imprisoned for not more than (10) ten years, or both.
Let’s keep in mind you are in clear & direct violation of FEDERAL REGULATIONS as well
as the TRUTH IN LENDING ACT where penalties range from the following;

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 Twice the amount of any finance charge in connection with the transaction.
 25% of the total amount of monthly payments under the lease, minimum $200,
and maximum $2,000.
 An individual action relating to an open-end consumer credit plan that is not
secured by real property or a dwelling: twice the amount of any finance charge
in connection with the transaction, minimum $500, and maximum $5,000 –
which could be even higher where a violation is evinced by an established
pattern or practice of such failures.
 An individual action relating to a closed-end transaction secured by real property
or a dwelling: either minimum $400, and maximum $4,000, or, in the case of a
class action, such amount as the court may allow, no minimum per each member
of the class, and the total recovery in any class action (or series of class actions)
arising out of the same failure to comply by the same creditor may not be more
than the lesser of $1,000,000 or 1% of the net worth of the creditor.
And in the case of a failure to comply with many TILA requirements set forth in
certain sections of Regulation Z: an amount equal to the sum of all finance charges and
fees paid by the consumer unless the creditor demonstrates that the failure to comply is
not material.
Any of the foregoing, where rescission applies, in a prevailing action the costs of the
action itself is included, together with a reasonable attorney’s fee or charges for similar
services (viz., determined by the court); and, in the case of a failure to comply, an amount
equal to the sum of all finance charges and fees paid by the consumer, unless the creditor
demonstrates that the failure to comply is not material.
Finally, as far as FAILURE TO DISCLOSE goes, there was a negligence of transparency
pursuant to Title 12 CFR § 360.6(a)(2) Treatment of financial assets transferred in connection
with a securitization or participation:
(a) Definitions—
(2) Financial asset means cash or a contract or instrument that conveys to one
entity a contractual right to receive cash or another financial instrument from
another entity.
12 CFR § 360.6(a)(4) also applies specifically to you, CORPORATION NAME as the
Issuing entity which used here means an entity that owns a financial asset or financial assets
transferred by the sponsor and issues obligations supported by such asset or assets. Issuing
entities may include, but are not limited to, corporations, partnerships, trusts, and limited
liability companies and are commonly referred to as special purpose vehicles or special purpose
entities or “SPE”. To the extent a securitization is structured as a multi-step transfer, the term
issuing entity would include both the issuer of the obligations and any intermediate entities
that may be a transferee. Notwithstanding the foregoing, a Specified GSE or an entity
established or guaranteed by a Specified GSE shall not constitute an issuing entity.
Take note specifically of this aspect here, Title 12 dealing with the SEC, should you not
comply with the demands in this notice, a copy of it as well as a proper Securitization Audit will

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be forwarded to the Securities and Exchange Commission among other Bureaus and necessary
Organizations.
As to FAILURE TO PERFORM, pursuant to 12 U.S. Code § 83(a) the General prohibition
states: No national bank shall make any loan or discount on the security of the shares of its
own capital stock. With this evidence present, how was a “loan” ever presented by YOU to
ME!? I’ll tell you how.

*Note: “CORPORATION NAME” will be referred to as “CORP” from this point forward*

The initial credit application, CORP being the Drawer, was transferred to DEALERSHIP
NAME and then issued to me, which initiated this entire “Purchas Money Loan” process. My
signature is what allowed CORP, the alleged creditor to access the credits to begin with. That
credit application where my social security number and signature was used against my own will
and without my knowledge was securitized and turned into an ABS or Asset-Based Security
unbeknownst to me, operating in good-faith at the time. The original alleged “Auto-Loan”
agreement, which in reality is a RETAIL INSTALLMENT CONTRACT (evidenced by attached
documents), originated with CORP, the drawer of the original promissory note I signed with my
wet signature, which I’d bet everything I’m worth doesn’t exist, not even a copy because it’s
with your SPE or Special Purpose Entity. It’s now pooled with all the rest of the “hidden”
financial assets.
You in turn use the illegal monthly payments made to pay off the corporate bonds that’s
sold to the investors on the financial assets and the “average joe” is nonetheless wiser.

A financial Institution/Bank pursuant to Title 12 U.S. Code 5202(5), The term “financial
institution” means any institution, including, but not limited to, any bank, savings association,
credit union, security broker or dealer.. established and regulated under the laws of the
United States or any State, territory, or possession of the United States, the District of
Columbia, Commonwealth of Puerto Rico, Commonwealth of Northern Mariana Islands, Guam,
American Samoa, or the United States Virgin Islands, and having significant operations in the
United States.
Let’s just say for the hell of it a bank could actually loan from its own assets and this
agreement currently in question was called into play, this specific deal would be considered a
PURCHASE MONEY LOAN pursuant to Title 16 CFR 433.1(a) which states: A cash advance
which is received by a consumer in return for a “Finance Charge” within the meaning of the
Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a
purchase of goods or services from a seller who (1) refers consumers to the creditor or (2) is
affiliated with the creditor by common control, contract, or business arrangement.
1. I never received any “cash advance” as stated above in return for a “Finance Charge”
from DEALERSHIP NAME or CORPORATION NAME or any Agent on their behalf.
2. I received a vehicle of which I had no proper or legal authority to be able to “transfer
collateral” of to the alleged creditor. The vehicle should’ve been the goods received by
consumer per secured transaction where the creditor would retain a security interest in,
upon execution of purchase money loan, which in this case NEVER HAPPENED!

5|Page
The bank failed to perform in multiple aspects:
I. To provide signature to any contractual agreements therefore rendering
enforcement of any contractual agreements between myself and CORP null &
void.
II. Alleging to engage in distributing loan on its own stock pursuant to Title 12 USC
83(a).
III. Even if bank could distribute a loan, in the case of this purchase money loan, it
failed to properly do so. Consumer never received any cash advance in return for
a “finance charge” pursuant to Title 16 CFR § 433.1(d). Instead, consumer
received a Vehicle, which consumer never had legal authority to pledge as
collateral to Creditor.
IV. In the case of a purchase money loan, CORP would have failed to execute on
agreement due to consumer never receiving a cash advance, preventing the
dealer to distribute the finance charge on behalf of the creditor, in return for
Purchase Money Loan.
V. The Purchase money loan would be the actual collateral used in return for the
Finance charge, however I was made to believe it was the vehicle – but how
could it be the vehicle when I never possessed, owned or had any authority
whatsoever to pledge as collateral. Only Creditor or Dealer had legal authority
based off their agreement if any.
Last but not least, the down payment of [IF DOWN PAYMENT WAS TENDERED FOR
VALUE, AMOUNT] USD legal tender is illegal and a direct violation of TILA Pursuant to 15 USC §
1605(a): Determination of finance charge.
a. Finance charge defined
 Except as otherwise provided in this section, the amount of the finance
charge in connection with any consumer credit transaction shall be
determined as the sum of all charges, payable directly or indirectly by the
person to whom the credit is extended, and imposed directly or indirectly by
the creditor as an incident to the extension of credit. The finance charge
does not include charges of a type payable in a comparable cash
transaction. The finance charge shall not include fees and amounts imposed
by third party closing agents (including settlement agents, attorneys, and
escrow and title companies) if the creditor does not require the imposition of
the charges or the services provided and does not retain the charges.
Examples of charges which are included in the finance charge include any of
the following types of charges which are applicable:
(1) Interest, time price differential, and any amount payable under a
point, discount, or other system or additional charges.
(2) Service or carrying charge.
(3) Loan fee, finder’s fee, or similar charge.
(4) Fee for an investigation or credit report.

6|Page
(5) Premium or other charge for any guarantee or insurance
protecting the creditor against the obligor’s default or other credit
loss.
(6) Borrower-paid mortgage broker fees, including fees paid directly
to the broker or the lender (for delivery to the broker) whether such
fees are paid in cash or financed.
None of the above mentioned types of finance charges include any type of down
payment or other fees not included within the finance charges. Due to that, pursuant to 15 U.S.
Code § 1635(b) Return of money or property following rescission
b. When an obligor exercises his right to rescind under subsection (a), he is not
liable for any finance or other charge, and any security interest given by the
obligor, including any such interest arising by operation of law, becomes void
upon such a rescission. Within (20) Twenty days after receipt of a notice of
rescission, the creditor shall return to the obligor any money or property given
as earnest money, downpayment, or otherwise, and shall take any action
necessary or appropriate to reflect the termination of any security interest
created under the transaction. If the creditor has delivered any property to the
obligor, the obligor may retain possession of it. Upon the performance of the
creditor’s obligations under this section, the obligor shall tender the property to
the creditor, except that if return of the property in kind would be impracticable
or inequitable, the obligor shall tender its reasonable value. Tender shall be
made at the location of the property or at the residence of the obligor, at the
option of the obligor. If the creditor does not take possession of the property
within (20) Twenty days after tender by the obligor, ownership of the property
vests in the obligor without obligation on his part to pay for it. The procedures
prescribed by this subsection shall apply except when otherwise ordered by a
court.
In light of the recent developments, as a remedy to this repudiated agreement, for (3)
Three years of damage to my credit, unfair debt reporting practices, subprime lending
loopholes against my consumer credit, inconsistent reporting and defamation of character
within commerce, I’m willing to overlook all of that and for damages endured, compensation in
the amount of (20,000) Twenty Thousand USD in a check made payable to:
[Beneficiary autograph], at the mailing address listed above.
Should you fail to comply with the conditions of this notice, copies of it along with a
securitization audit report on behalf of Bloomberg financial, will be sent to the FEDERAL TRADE
COMMISSION, THE SECURITIES AND EXCHANGE COMMISSION, THE CONSUMER FINANCIAL
PROTECTION BUREAU, THE SECRETARIES OF TREASURY AND STATE, the ATTORNEY GENERAL,
for legal disclosure purposes and to ensure that no other natural persons experience the
predatory acts by corporations like yours the CFPB and FTC specifically put these measures in
place for. And finally, to the FEDERAL DISTRICT COURT in the Venue of Pennsylvania, where
you’ll have (20) Twenty days to respond.

7|Page
Pursuant to 15 U.S. Code § 1611(1)(3) one can be fined up to $5,000.00 or face
imprisonment for up to one year, or both, for giving false or inaccurate information or
fails to provide information which he is required to disclose. In this case you, Agents
authorized to deal on behalf of CORP willfully violated this law when you failed to
disclose and provide all information clearly to me as a consumer.
You have (20) days to respond from the date of this notice with nothing
less than compliance, or my next line of communication won’t be a
response, it will be action..

You wanna litigate? Or you wanna negotiate??


The choice is yours. Enjoy the rest of your day. The pleasure has been all
mine.

This Notice of Recission is Dated this ____ Day of ______________


in the year 2023.

Jurat

Subscribed to and affirmed before me this ______ Day of _____________, 2023 by

______________________ _____________________________, personally present before me

and known to me to be the private man whose name subscribed to the within instrument and

acknowledge to be the same.

___________________________________(Seal)
Public Notary

My Commission expires: ________________

Signed,

_____________________________
[Beneficiary autograph]

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