If some scum-sucking debt collector tells you that his right to collect a credit card debt from you or foreclose on your property is under authority of UCC Article 9 tell him:

UCC Article 9 does not apply to:
(1) home loan promissory notes and mortgages;
(2) collection of credit card “accounts.”

UCC § 9-109, Scope, states [cross reference to your jurisdiction]

(d) this "article does not apply to:

(5) [a]n assignment of accounts, chattel paper, payment intangibles, or

promissory notes [instruments]

which is for the purpose of collection only;” (outlining & emphasis added)

UCC § 9-102(a)(65) "Promissory note" means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds;

"The note and mortgage [account] are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage [account] with it, while an assignment of the latter alone is a nullity." [Fn3 Jackson v. Blodget, 5 Cowan 205; Jackson v. Willard, 4 Johnson 43.] (emphasis added)

Quotation and Footnote from: Carpenter v. Longan, 83 U.S. (16 Wall.) 271, 274 (1872).(Access Carpenter here: CARPENTER V. LONGAN, 83 U. S. 271 (1872) -- US Supreme Court Cases from Justia & Oyez)

The above referenced current and binding opinion of the Supreme Court of the United States, was recently utilized as basic law in Landmark Natl Bank v. Kesler, No. 98,489, by the Supreme Court of the State of Kansas, (August 2009). Access Landmark here: [Landmark Decision]
(98489 -- Landmark Nat'l Bank v. Kesler -- Rosen -- Kansas Supreme Court)

The banks are engaged in fraud when, on the basis of a negotiable instrument, the credit card promissory note and the subsequent “account” created by the existence of such promissory note, the “account” is split apart from the promissory note and sold to the scum-sucking debt collector.

There is no right to enforcement of an “account” pursuant to Article 3, the section of the UCC governing negotiable instruments (promissory notes).

Under Article 3 the scum-sucking debt collector must establish the existence of a valid assignment of the note and the “account” from the original holder to have standing to enforce the instrument.

"SHOW ME THE NOTE" The original wet-ink note.

Because the criminal banks have sold the promissory notes to investors in the stock market who are betting on default with insurance in the form of “credit default swaps,” insurance on the notes/accounts, there is no possible way the scum-suckers can enforce the instrument behind the “account” if you properly object to the proceeding, which is founded in fraud. "Show me the note!"

Did you know that you would be used in the manner in which you have been used?

Did the scum-sucking bank disclose to you all of the facts with respect to the transaction they were enticing you to become a part of?

Do you know how much the scum-sucking bank has been unjustly enriched by using your signature obtained by fraud?

Forget refinancing. Check out Joe Lents in Boca Raton, Florida. No note, no foreclosure. No payments since 2002. $1.5M property.

Here is a correspondence I would immediately send to a scum-sucking debt collector (ssdc) after receiving the FIRST letter from such ssdc.

To: ssdc

Introduction

SWORN DENIAL

With respect to the debt you reference in the attached copy of your letter of <date>:
I hereby deny that such alleged debt is my debt.
I hereby deny that such alleged debt is a valid debt.
I hereby deny that such alleged debt is a valid and authentic amount.

_____________________
<signature>

Sworn to and subscribed before me this _____ day of ______________, 20___.

__________________
Notary Public

______________________________________________
My commission expires: (SEAL)


[correspondence cont'd]


QUESTIONS

YOUR RESPONSE REQUIRED BY THE FAIR CREDIT REPORTING ACT (FCRA) AND THE GRAMM-LEACH-BLILEY ACT (GLBA)

1. You have indicated that you are collecting a debt on an “account,” please provide the following required information:

1.1 Identify the entity from whom you purchased the referenced “account;”

1.2 Produce and deliver an authenticated copy of any judgment (if applicable);

1.3 Produce authenticated documentation that you and your agency are licensed to collect debts in (insert name of state);

1.4 Produce an authenticated copy of the valid assignment, or chain of valid assignments, from the original holder of the original wet-ink promissory note, which is the foundational basis of the “account” in question, which confers upon you or your agency the right to enforce the instrument and the “account”;

1.4.1 See UCC § 3-301; <reference your jurisdiction’s version of UCC § 3-301>

1.5 Indicate whether or not you or your agency have made inquiry to any credit reporting agency or any of their affiliates for the purpose of acquisition of nonpublic personal information with respect to the undersigned;

1.6 If you or your agency have made contact with any credit reporting agency or an affiliate of such credit reporting agency, your action comes within the ambit of the FCRA, specifically, 15 USC § 1681b.

Pursuant to the authority of the FCRA;

1.7 Specify the grounds you rely upon as your authority to make contact with any credit reporting agency or affiliate of same, for the purpose of acquisition of nonpublic personal information with respect to the undersigned; (15 USC § 1681b(a)) and

1.8 Pursuant to the prohibitions of 15 USC § 1681b(f),

Certain use or obtaining of information prohibited

1.8.1 Provide certification of your authority to obtain a consumer report from a credit reporting agency or any affiliate of such agency, with respect to the undersigned; (15 USC § 1681b(f)(1)) and

1.8.2 Provide an authenticated copy of the general or specific certification of the purpose for access to nonpublic personal information of the undersigned that you submitted to any credit reporting agency or affiliate you contacted in inquiry about nonpublic personal information pertaining to the undersigned; (15 USC § 1681b(f)(2)) and

1.9 Pursuant to 15 USC § 1681e. Compliance procedures

1.9.1 Identity and purposes of credit users

1.9.1.1 Produce an authenticated copy of any documentation proving that you provided proper identification to any credit reporting agency or affiliate you contacted in inquiry about nonpublic personal information pertaining to the undersigned; (15 USC § 1681e(a)) and

1.9.1.2 Produce an authenticated copy of your certification of the purposes for which you sought the information from any credit reporting agency or affiliate you contacted in inquiry about nonpublic personal information pertaining to the undersigned; (15 USC § 1681e(a)) and

1.9.1.3 Produce an authenticated copy of the document that you provided to certify to the credit reporting agency or affiliate you contacted in inquiry about nonpublic personal information pertaining to the undersigned, that such revealed information would be used for no other purpose than that for which you certified. (15 USC § 1681e(a)).

__________________________
<signature>

____________________________
<date>

Some information about the law-breakers violating your privacy. There is a remedy with some "teeth." Do your own further research.

1. If a scum-sucking debt collector (ssdc) who is unable to provide an authenticated copy of a valid assignment of the right to enforce the underlying promissory note which is the basis for any such “account” in question, which is the reason for a “debt collection inquiry,” it is highly probable that the ssdc unlawfully obtained access to your financial information, (Nonpublic Personal Information (NPI)) contained in a database(s) owned and maintained by credit reporting agencies, such as Equifax, Experian, and TransUnion credit bureaus and their contractual affiliates. (See previous posts about the right to enforce an instrument UCC § 3-301; cross referenced to the version of the UCC codified in the laws of your particular jurisdiction).

2. Contact the credit reporting agencies, each of them, and request a report identifying each and every instance where a third party, not affiliated with the credit reporting agency, gained access to your nonpublished personal information maintained in their database or the database of any of their affiliate(s).

3. The credit reporting agencies are required by the FCRA to exercise due diligence and require certification from entities requesting access to nonpublished personal information maintained in their databases.

4. 15 USC § 1681e. Compliance procedures

4.1 (a) Identity and purposes of credit users

4.2 Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information

4.2.1 identify themselves,
4.2.2 certify the purposes for which the information is sought, and
4.2.3 certify that the information will be used for no other purpose.
4.2.4 Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and
4.2.5 the uses certified by such prospective user prior to furnishing such user a consumer report.
4.2.6 No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. (Outlining added).

5. The credit reporting agency(ies), violate the FCRA if they grant access to an ssdc that cannot validate the right to enforce an instrument (promissory note), which is the basis for creation of their so-called “account” which they are trying to “collect.”

6. An “account” is a nullity without the underlying foundational basis for such “account,” in cases such as yours, where the promissory note, a negotiable instrument, is the actual basis for the creation of an “account.”

"The note and mortgage [account] are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage [account] with it, while an assignment of the latter [mortgage/account] alone is a NULLITY." (emphasis added) Carpenter v. Longan, 83 U.S. (16 Wall.) 271, 274 (1872). (Access the Carpenter case online: < CARPENTER V. LONGAN, 83 U. S. 271 (1872) -- US Supreme Court Cases from Justia & Oyez >).

7. The above referenced current and binding opinion of the Supreme Court of the United States, was recently utilized as basic law in Landmark Natl Bank v. Kesler, No. 98,489, by the Supreme Court of the State of Kansas, (August 2009). Access Landmark here: < 98489 -- Landmark Nat'l Bank v. Kesler -- Rosen -- Kansas Supreme Court >

8. The ssdc commits fraud and invasion of privacy, and seriously violates the FCRA, which imposes criminal liabilities and makes those who do not comply liable to consumer remedy for the injury.

9. The FCRA allows victims of violations of the FCRA to file a claim in Federal court without regard to the amount in controversy. (Which is usually $75,000.00).  The ssdc’s access and acquisition to your credit report without permissible purpose violates 15 USC § 1681b. Permissible purposes of consumer reports. (Which is apparently common practice for the ssdcs.)

10. 15 USC § 1681n. Civil liability for willful noncompliance

10.1 (a) In general

10.2 Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—
10.3 (1)

10.3.1 (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
10.3.2 (B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

10.4 (2) such amount of punitive damages as the court may allow; and
10.5 (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney’s fees as determined by the court.

10.6 (b) Civil liability for knowing noncompliance

10.6.1 Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater. (Outlining added)

11. The ssdc’s willful failure to Comply with the Privacy of Consumer Financial Information Rule of the FCRA, by obtaining your nonpublished personal information under false pretenses makes the ssdc criminally liable, pursuant to 15 USC § 1681q.:

“[a]ny person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under Title 18, imprisoned for not more than 2 years, or both.” (Emphasis Added)

12. All of the ssdc’s debt collection activities clearly are subject to the FCRA, as most of the ssdcs regularly engage in activity that the Federal Reserve Board has determined to be closely related to banking. Section 4(k) of the Bank Holding Company Act (12 U.S.C. § 1843(k)). (See § 4(k)(4)(F); and 12 C.F.R. § 225.28]. Including not only collection agencies, but credit bureaus.

13. You have a cognizable and legitimate interest in pursuing further investigation in these areas, which are likely to lead to admissible evidence, such as copies of the notices required under the FCRA, exactly how the ssdc obtained your nonpublished personal information, and under what or who’s agreement or authority was the consumer report information obtained and disclosed.