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    Affidavit of Loan Denial - FDCPA

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    This document is an affidavit of loan denial requesting verification and validation of an alleged loan from City Loan Financial Services. It lists 6 proofs of claim requesting documentation to validate the loan. It asserts that if the lender does not rebut the claims in an affidavit within 3 days, the facts will be confirmed as true. It certifies that the information is true under penalty of perjury and must be responded to through the named notary public.

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    Affidavit of Loan Denial - FDCPA

    Uploaded by

    Public Knowledge
    14K views4 pages
    This document is an affidavit of loan denial requesting verification and validation of an alleged loan from City Loan Financial Services. It lists 6 proofs of claim requesting documentation to validate the loan. It asserts that if the lender does not rebut the claims in an affidavit within 3 days, the facts will be confirmed as true. It certifies that the information is true under penalty of perjury and must be responded to through the named notary public.

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    Affidavit of Loan Denial - FDCPA

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    This document is an affidavit of loan denial requesting verification and validation of an alleged loan from City Loan Financial Services. It lists 6 proofs of claim requesting documentation to validate the loan. It asserts that if the lender does not rebut the claims in an affidavit within 3 days, the facts will be confirmed as true. It certifies that the information is true under penalty of perjury and must be responded to through the named notary public.

    Copyright:

    © All Rights Reserved
    14K views4 pages

    Affidavit of Loan Denial - FDCPA

    Uploaded by

    Public Knowledge
    This document is an affidavit of loan denial requesting verification and validation of an alleged loan from City Loan Financial Services. It lists 6 proofs of claim requesting documentation to validate the loan. It asserts that if the lender does not rebut the claims in an affidavit within 3 days, the facts will be confirmed as true. It certifies that the information is true under penalty of perjury and must be responded to through the named notary public.

    Copyright:

    © All Rights Reserved
    of 4

    AFFIDAVIT OF LOAN DENIAL

    September 6, 2015
    City Loan Financial Services, Inc.
    1821 Midway Mall
    Elyria, OH 44035

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL


    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    This “Affidavit” is made pursuant to “The Fair Debt Collections Practices Act” as
    codified at 15 U.S.C.-1692, which stipulates that a debt collector must, if requested, provide a
    verification of the alleged debt. i.e., validate the debt. “The Fair Debt collections Practices Act”
    (FDCPA) states that the debt collector is mandated to cease all collection activity when
    verification is requested. Verification and Validation is defined as: confirmation of correctness,
    truth, or authenticity by affidavit, oath, or deposition.

    The intent of this agreement is that the original party that funded the alleged loan for the
    bookkeeping entries is to be repaid the value thereof.

    Pursuant to “The Fair Debt Collections Practices Act,” the following proofs of claim are
    requested:

    1.) Proof of claim: Bank Name, the Bank involved in the alleged loan, did not
    purchase the promissory note from John Henry Doe, hereinafter “the Alleged
    Borrower.”

    If not rebutted, this statement stands as truth.

    2.) Proof of claim: The Alleged Borrower provided the money, transfer of funds,
    money equivalent, credit, funds, capital, or thing of value that Bank Name,
    hereinafter “the Alleged Lender,” needed to give value to a check or similar
    instrument.

    If not rebutted, this statement stands as truth.

    3.) Proof of claim: The Alleged Borrower may repay the alleged loan with the
    same species of money as may be on the loan per GAAP, ending all interest
    and liens.

    If not rebutted, this statement stands as truth.

    4.) Proof of claim: The written agreement failed to disclose all material facts as

    Page 1 of 4
    required. If not rebutted, this statement stands as truth.

    5.) Proof of claim: The Alleged Lender converted the Alleged Borrower’s
    promissory note, accepting the Alleged Borrower’s promissory note as money
    or like money to fund a check or similar instrument that the Alleged Lender
    then lent to the Alleged Borrower (which has an economic effect similar to
    stealing, counterfeiting, and swindling.) If not rebutted, this statement
    stands as truth.

    6.) Proof of claim: The Alleged Lender has failed to follow Federal Laws 12
    U.S.C. § 1831n(a)(2)(A) and/or 12 CFR § 741.6(b) regarding General
    Accepted Accounting Principles and Generally Accepted Auditing
    Standards concerning this loan.

    If not rebutted, this statement stands as truth.

    The Alleged Borrower is hereby requesting that an authorized officer or agent of the
    Alleged Lender sign the rebuttal by affidavit within THREE (3) WORKING DAYS upon
    receipt of this notice. This is the Alleged Borrower's good faith attempt to clarify the terms of the
    loan agreement prior to an Administrative Hearing on the matter. Failure to respond to this
    affidavit will be deemed dishonor and result in Alleged Lender’s default. The affidavits are
    evidence that may be used according to the Federal Rules of Evidence to prosecute or to default
    Alleged Lender in this matter. Alleged Borrower’s CPA is prepared to offer expert Witness
    testimony should that become necessary.

    If this affidavit is not rebutted point for point by a duly qualified representative of
    Alleged Lender at any level, in any manner, at any time within (3) three days upon receipt, these
    facts are proven and confirmed as true.

    ALL RESPONSES MUST BE SENT TO NOTARY LISTED BELOW;

    ALL OTHER RESPONSE MAILINGS WILL BE DEFAULT

    Any man or woman responding to this affidavit will answer in the manner of this
    affidavit, using your Christian or family name for signature, and mailing it to the below named
    notary, address provided, within three (3) days, or default will be obtained. If more time is
    needed to respond to this request, it must be requested in writing within three (3) days of
    receipt.

    ALL RESPONSES MUST BE SENT TO NOTARY LISTED BELOW;

    ALL OTHER RESPONSE MAILINGS WILL BE DEFAULT

    CAVEAT

    Page 2 of 4
    Pursuant to 15 U.S.C. § 1611(1). Criminal Liability for Willful and Knowing Violation:
    “Whoever willfully and knowingly gives false or inaccurate information or fails to provide
    information which he is required to disclose under the provisions of this subchapter or any
    regulation issued thereunder … shall be fined not more than $5,000 or imprisoned not more than
    one year, or both.”

    MAXIMS OF LAW

    1. In Commerce- Truth is sovereign.

    2. For a matter to be resolved, it must be expressed.

    3. Point of Law: Silence equates to agreement.

    Further Affiant sayeth not.

    CERTIFICATION

    “I certify under penalty of perjury under the laws of the United States of America pursuant to 28
    USC § 1746 (1) that the foregoing is true and correct.

    Executed on this_______ day of__________ 2016 A.D.

    ______________________________

    John Henry Doe, Affiant

    ACKNOWLEDGEMENT

    State of_____________ )
    ) ss
    County of_____________ )

    On_______________________2016, before me, _____________________________________,


    (date) (notary)
    personally appeared, ___________________________________________________________,
    (signer)
    personally known to me -- OR – who proved to me on the basis of satisfactory evidence to be the
    person whose name is subscribed to the within instrument and acknowledged to me that he/she
    executed the same in his/her authorized capacity, and that by his/her signature on the instrument,
    the person or the entity upon behalf of which the person acted, executed the instrument.

    WITNESS my hand and official seal

    __________________________________

    Page 3 of 4
    (notary signature)
    My Commission Expires: _____________

    ATTENTION: ALL RESPONSES MUST SENT TO NOTARY


    NOTARY NAME AND LOCATION:

    ________________________________________

    ________________________________________

    ________________________________________

    ________________________________________

    LEGAL NOTICE

    The Certifying Notary is an independent contractor and not a party to this claim. In fact,
    the Certifying Notary is a Federal Witness Pursuant to TITLE 18, PART 1, CHAPTER 73, SEC.
    1512, Tampering with a witness, victim or an informant. The Certifying Notary also performs the
    functions of a quasi-Postal Inspector. Under the Homeland Security Act, by being compelled to
    report any violation U.S. Postal regulations as an Officer of the Executive Department.
    Intimidating a Notary Public under the Color of Law is a violation of Title 18, U.S. Code, § 242,
    titled “Deprivation RIGHTS under Color of law,” which primarily governs policy misconduct
    investigations. The statute makes it a crime for any person acting under the Color of Law to
    willfully deprive any individual residing in the United States and/or United States of America
    those rights protected by the Constitution or U.S. laws.

    Page 4 of 4

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