SEND THIS COMPLAINT TO ALL LENDERS, TRUSTEES, AND ANY PERTINENT PARTIES
- (This Information below is provided to you free of charges. We do only of you to make a donation to help us stay the course in helping homeowners).
If you have found any mis-appropriate documents send this letter out:
MAKE copies and send out certified to out to all pertinent parties associated with your mortgage loan. Please replace or remove the highlighted(red) areas. Put in your information.
DATE:
FROM: YOUR NAME
YOUR ADDRESS
YOUR CITY, STATE, ZIP
TO: START WITH FIRST LENDER AND EVERYONE TO CURRENT
SAMPLE:
LENDER, SERVICER & ORIGINAL
123 EAST NUMBERS STREET, 8TH FLOOR
CITY, STATE & ZIP
SAMPLE:
ABC FIDELITY ACCEPTANCE
12345 ALPHABET HWY
CITY, STATE & ZIP 48075
SAMPLE:
FIRST SECOND & THIRD TITLE AGENCY
123 BLUE RIBBON ST
CITY, STATE & ZIP
SAMPLE:
FIRST FRANKLIN LOAN SERVICES
2150 NORTH FIRST STREET
SAN JOSE, CA 95131
SAMPLE:
PROPERTY INFORMATION:
YOUR ADDRESS
YOUR DEED OF TRUST NUMBER / YOUR DEED OF TRUST DATE
REQUEST FOR INVESTIGATION AND VALIDATION OF ALLEGED DEBT
Dear Sirs:
Due to the increase of mortgage fraud I am submitting a “Qualified Request Notice” per Section 6 of RESPA and per notices to be given pursuant to the Deed of Trust and Promissory Note Section 15 and Section 7 respectively, with LIST ALL LENDERS, TRUSTEES, AND ANY PERTINENT PARTIES TO YOUR COMPLAINT. Pursuant to 15U.S.C. §1692, you must comply to the fullest extent of the Federal Statute as mandated by an Act of Congress, to ensure that you are not party to violations and collection harassments and any violations of the 1st amendment, 5th amendment, 14th amendments due process of the United States Constitution.
If any above listed is Holder of the Note in due course, then you must produce the Original Verified Note with blue ink signatures or you may be in Default and dishonor.
Furnish a copy of the original promissory note front and back copy/ agreement reacting my social security number to prevent identity theft and state that you or any named client above is the holder in due course of the note agreement and will produce the original for my own and a judge’s inspection should there be a trail to contest these matters.
Produce also the account and general ledger statement showing the full accounting of the alleged obligation that you are now attending to collect. Such as FR-2046 balance sheet (OMB#’s 2046, 2049, 2099), 1099 OID report, S-3/ a registration statement, 424-B5 prospectus, RC-S $ RC-B call schedules, - A complaint payment history documented from original creditor. This requirement was established by the case- Fields V. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7TH Circuit Court.
Verified specially name(s) or person(s) assigned Trustee to handle Corporation affairs and to be held accountable for the actions of the Corporation such as CFO and subordinates responsible of debt collections.
Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. Provide verification from the stated creditor that you are authorized to act for them.
Therefore, this is my Notice to you, whose actions are governed by the Fair Debt Collections Practicing Act, (FDCPA) 15 U.S.C.§ 1692 and the Fair Collection Billing Act, (FCBA) 15 U.S.C.§ 1666 (a)(e), to provide me a full independent third party audit of the account meeting all General Accepted Accounting Practices (GAAP) on the double book entries showing all payments, credits, asset and liabilities in relation to the mortgage.
Please be advised that I am exercising my rights for immediate enforcement under Regulation Z of the Truth In Lending Act (TILA) and RESPA. Your failure to provide anything less than the rescinding the Note, refunding back all payments made as mandated under the law and herein or by continuing to attempt to collect on the alleged debt may be deemed a violation of, but not limited to, violations under TILA, FCBA, FDCPA, UCC & RESPA for participating in false, misleading and/or deceptive lending practices, collection practices, billing practices and misrepresenting the character, amount and/or legal status of the alleged debt for the purpose of harassment and coercion as well as failure to provide verification of the alleged debt and fraud.
Any claims of money alleged to be owed based on an instrument/note/contract, as an operation of law, are subject to UCC § 3-305, which states, in part:
The right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) a defense of the obligor based on
(ii) duress, lack of legal capacity, or illegally of the transaction which, under the law, nullifies the obligation of the obligor when fraud has induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or discharge of the obligor in insolvency proceedings.
I may be willing to have matters resolved through private arbitration after a verified Audit has been conducted.
I, request all communications on this matter in writing, unless we mutually agree otherwise. Should you have any questions or concerns, you may expedite a written response to the above address.
______________________________
Sign Your Name Here
Date: Put The Date Here
Without prejudice - All rights reserved.
Signed reserving all my rights at 1-207 & 1-308
Affiant, by: ________________________________ __________________________
Write Your Name Here Sign Your Name Here
GO GET THIS NOTARIZED - ONCE NOTARIZED MAKE COPIES AND SEND OUT CERTIFIED COPIES TO EVERYONE YOU ADDRESS THIS LETTER TO
NOTARY
By_________________________
Seal: _________________________
Without prejudice - All rights reserved.
Signed reserving all my rights at 1-207 & 1-308
Affiant, by: __________________________________________
NOTARY
By_________________________
Seal: _________________________
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- 2. Send a check to: HAPA at: 24475 Sunnymead Blvd Moreno Valley, CA 92553
