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Killer Qwr 2

Killer Qwr 2

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Published by: Julie Hatcher-Julie Munoz Jackson on Feb 28, 2010
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05/24/2013

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 John Henry Doe
3825 20
th
Avenue SEPuyallup, WA 98372PHANTOM LENDING COMPANY1234 Ripoff LaneAnytown, WA 12345ATTN: ACCOUNT MANAGER RE:
ACCOUNT NUMBER # 123456789.
FOR INDEPENDENT CONFIRMATION OF RECEIPT OF YOURRESPONSES, PLEASE MAIL ANY RESPONSE TO THE FOLLOWINGADDRESS:Attn: James Aitkins, Notary Acceptor8822 164
th
Street EastPuyallup, WA 98375
April 20, 2009
RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST,COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBTLETTER
This letter is a ‘‘qualified written request’’ in compliance with,and under, the Real Estate Settlement Procedures Act, 12U.S.C. Section 2605(e) and Regulation X at 24 C.F.R. 3500, andThe Gramm Leach Bliley Act
Dear Madam or Sir:We are writing to you to complain about the accounting and servicing of thismortgage. Further, we will request clarification of various sales, transfers, fundingsources, legal and beneficial ownership, charges, credits, debits, transactions,reversals, actions, payments, analyses and records related to the servicing of thisaccount from its origination to the present date.It is our understanding that your company may have engaged in one or morepredatory servicing or lending and servicing practices. As a consumer, we areextremely concerned that predatory servicing and/or predatory “lender” practices,may have affect me, personally.
RESPA REQUESTPage 1 of 20
 
Certified Mail #: XXXX XXXX XXXX XXXXXXXX
 
We are troubled that potential fraudulent and deceptive practices by unscrupulousmortgage brokers; sales and transfers of mortgage servicing rights; deceptive andfraudulent servicing practices to enhance balance sheets; deceptive, abusive andfraudulent accounting tricks and practices may have also negatively affected ourcredit rating, mortgage account and/or the debt or payments that we are currentlymaking, or may be legally obligated to make.And finally, we are very concerned that after a thorough review of all papersconcerning this mortgage, we have found absolutely no evidence that we actuallyreceived a loan. The NOTE unambiguously asserted that we did receive a loan.In light of the above, we hereby demand that you provide me with the followingthree categories of documentation:First: absolute first-hand evidence from you that you are the holder of theoriginal uncertificated or certificated security regarding account number123456789.Second: records that definitively show a chain of transfer from you towhoever and wherever the security is now being held, clearly identifying theentity that currently holds the security, which is the legal basis of themortgage, account, and/or the alleged debt or payments that we arecurrently, or may be, legally obligated to continue to pay. Third: the below-described requested information, answers, and recordswhich will both constitute proof that you are able to validate this “debt”, andmake it possible for me to have a thorough independent review completed.Fourth: a rebuttal to the attached Exhibit “A”, which, by this reference, ismade part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST,COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttalcannot rely on second-hand information or any documents we may havesigned, such as the NOTE, which (falsely) asserts that we did receive a loanas such an assertion is not verified evidence of a loan.As we are sure you know, absent the actual certified evidence of the security andthe alleged loan, we have no choice but to dispute the validity of your lawfulownership, funding, entitlement right, and the current debt you allege that we owe.It is our belief at this time that this is not a valid debt and, therefore, it is disputedand this RESPA REQUEST also serves as your notice of our dispute of this “debt”.And by “debt”, we are referring to the principal balance you claim we owe; thecalculated monthly payment, the calculated escrow payment, and any fees claimedto be owed by you or any trust or entity you may service or subservice for.
To independently validate this debt, we need to conduct a complete exam,audit, review and accounting of this mortgage account from its inceptionthrough the present date. Upon receipt of this letter, please refrain fromreporting any negative credit information [if any] to any credit reportingagency until you respond to each of the following requests:
 
RESPA REQUESTPage 2 of 20
 
We request that you conduct your own investigation and audit of this account sinceits inception in order to validate the debt you currently claim we owe. Oncecomplete, we require that you send me the results of your work, presented in aformat, and in terms, that would be understandable to the average “layman”.We request that you validate this debt so that it is accurate to the penny. Oncecomplete, we require that you send me the results of your work, presented in aformat, and in terms, that would be understandable to the average “layman”.In completing the above-described investigation, audit, and validation, we insistthat you
not 
rely on the records of previous servicers or originators’, or theassurances or the indemnity agreements of any such previous servicers ororiginators, or any previous refusals to conduct a full audit and investigation of thisaccount.As this is a Qualified Written Request under the Real Estate Settlement ProceduresAct, codified as Title 12 § 2605 (e)(1)(B) (e) and Reg. X § 3500.21(f)2 of the UnitedStates Code, as well as a request under Truth In Lending Act [TILA] 15 U.S.C. §1601, et seq.,
RESPA provides substantial penalties and fines for non-compliance or failure to answer our questions provided in this letterwithin sixty [60] days of its receipt.
In order to conduct an accurate examination and audit of this loan, you are asked toprovide full and immediate disclosure, including copies of all pertinent informationregarding this loan. This will ensure that…
 This loan was originated in lawful compliance with all federal and state laws,regulations including, but not limited to Title 62 of the Revised Statutes,RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws;
Any sale or transfer of this account or monetary instrument, was conductedin accordance with proper laws and was a lawful sale with completedisclosure to all parties with an interest;
 The claimed holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statutes, State andFederal laws, and is entitled to the benefits of payments;
All good faith and reasonable disclosures of transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, feesetc. were, and still are, properly disclosed to me;
Each servicer and/or sub-servicer of this mortgage has serviced thismortgage in accordance with statute, laws and the terms of the mortgage,monetary instrument/deed of trust;
Each servicer and sub-servicer of this mortgage has serviced this mortgage incompliance with local, state and federal statutes, laws and regulations;
RESPA REQUESTPage 3 of 20

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