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Final Fiduciary Liability & Debt Extinguishment Notice – Immediate Action Required
PART 1 – NOTICE TO GURSTEL LAW FIRM, P.C.
TO: Gurstel Law Firm, P.C. Attn: File #1811524 Email: info@gurstel.com Fax: 877-750-6335 FROM: Jorge Velazquez, Secured Party / Fiduciary Address: 6391 S Sunrise Valley Dr, Tucson, AZ 85706 DATE: August 10, 2025 RE: Bank of America, N.A. – File #1811524 – Cease & Desist / Notice of Debt Extinguishment / Demand for 1099 Records & Evidence Preservation This is formal notice that the alleged obligation referenced in your correspondence has been lawfully extinguished through IRS Forms 1099-A, 1099-C, and 1099-OID, duly executed and tendered to Bank of America, N.A. as the original creditor. The evidentiary record shows: 1. Tender was made in lawful, non-legal tender instruments under the Internal Revenue Code to extinguish the alleged debt in full. 2. Bank of America, N.A., in writing dated April 15, 2024, admitted to destroying the original instrument(s) without return to the issuer. Under UCC §§ 3-604 and 3-501, this constitutes cancellation/extinguishment of the obligation. 3. Destruction of the property without return is final settlement as a matter of law. 4. Bank of America has not provided any lawful accounting, despite likely issuing its own 1099 filings to claim the alleged balance as a charge-off and monetize it through my private bankruptcy estate. Accordingly, you are hereby commanded to: - Cease and desist all collection activity, credit reporting, or legal proceedings related to this matter. - Provide within 10 days: 1. Copies of all 1099 forms (1099-A, 1099-C, 1099-INT, or others) issued by Bank of America, N.A. for this account since inception. 2. A complete transactional ledger showing every payment, credit, assignment, sale, or settlement of this account. 3. Written confirmation that the account is marked EXTINGUISHED / ZERO BALANCE. Notice of Liability: - Any further collection attempts will be treated as willful violations of the FDCPA (15 USC §§ 1692e, 1692f, 1692g), TILA (15 USC § 1666i), and federal criminal statutes (18 USC §§ 1341, 1343, 1503, 1512, 2071). - This notice serves as a preservation demand for all communications, ledgers, and internal documents for pending administrative, civil, and criminal filings with: IRS CID, CFPB, Arizona Attorney General, State Bar of Arizona, and U.S. District Court. DEFAULT AGREEMENT CLAUSE: Failure to respond within 10 calendar days will constitute full agreement that the alleged debt is extinguished, the account is at zero balance, and any credit reporting must be deleted.
All rights reserved, without prejudice.
Signature: Jorge Velazquez Secured Party / Beneficiary
Attachments: - BOA “Returned Payment” letter (dated 4/15/24) admitting destruction of instruments - Copies of 1099-A, 1099-C, and 1099-OID filed for extinguishment - USPS proof of mailing
PART 2 – NOTICE TO BANK OF AMERICA, N.A. CEO
TO: Brian Moynihan, CEO – Bank of America, N.A. Bank of America Corporate Center 100 North Tryon Street Charlotte, NC 28255 FROM: Jorge Velazquez, Secured Party / Fiduciary Address: 6391 S Sunrise Valley Dr, Tucson, AZ 85706 DATE: August 10, 2025 RE: Fiduciary Liability – Lawful Extinguishment of Alleged Debt / Demand for IRS Records and Zero Balance Confirmation Mr. Moynihan, You are in direct receipt of this fiduciary liability notice as the CEO and ultimate responsible party for Bank of America, N.A. The record is clear: 1. IRS Forms 1099-A, 1099-C, and 1099-OID were duly executed and tendered to Bank of America to lawfully extinguish the alleged debt. 2. On April 15, 2024, your institution issued a letter admitting to the destruction of the original instruments without return to the issuer, thereby cancelling the obligation under UCC §§ 3-604 and 3-501. 3. Destruction of the property without return constitutes final settlement and extinguishment as a matter of law. 4. It is further believed that Bank of America issued its own IRS 1099 forms (1099-C, 1099-A, or others) to claim the alleged balance as a charge-off, monetizing the account through my private bankruptcy estate without disclosure or settlement to me. Accordingly, you are hereby commanded to provide within 10 days: - Copies of all IRS 1099 forms (1099-A, 1099-C, 1099-INT, or others) issued by Bank of America related to this account. - A complete ledger of all payments, credits, assignments, and settlements related to the account since inception. - Written confirmation that the account is at ZERO BALANCE and all related credit reporting has been permanently removed. Notice of Liability: Failure to comply will result in immediate administrative, civil, and criminal filings with IRS CID, CFPB, the Office of the Comptroller of the Currency, the U.S. Attorney General, and the United States District Court. DEFAULT AGREEMENT CLAUSE: Failure to respond within 10 calendar days will constitute full agreement that the alleged debt is extinguished, the account is at zero balance, and any credit reporting must be deleted.
All rights reserved, without prejudice.
Signature:
By: _______________________________________
Jorge Velazquez
Secured Party / BeneficiaryAttachments: - BOA “Returned Payment” letter (dated 4/15/24) admitting destruction of instruments - Copies of 1099-A, 1099-C, and 1099-OID filed for extinguishment - USPS proof of mailing