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Respa Qualified Written Request

Respa Qualified Written Request

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Published by Mark Jackson
This is a better copy of the RESPA letter floating around. I would not advise sending this until you have read through it and read through the corresponding laws. I told people I would get this up, but I plan to do more editing on this document. Look for revisions.
This is a better copy of the RESPA letter floating around. I would not advise sending this until you have read through it and read through the corresponding laws. I told people I would get this up, but I plan to do more editing on this document. Look for revisions.

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Published by: Mark Jackson on Oct 18, 2010
Copyright:Attribution Non-commercial

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07/14/2013

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RESPA QUALIFIED WRITTEN REQUEST, ET AL. Page 1 of 21
NAME
Name
AdressCity, STATE ZIPCODEPHONE
CREDITOR NAME HERE123 RIPOFF LANEANOTHER TOWN, TX 54321ATTN: ACCOUNT MANAGER Certified Mail #: XXXX XXXXXXXXXXXXXXXXREF: Alleged Account #123456789
RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST,DISPUTE OF DEBT ANDDEBT VALIDATION LETTER 
 
This letter is a µµqualified written request¶¶ in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) and  Regulation X at 24 C.F.R. 3500, and The Gramm Leach Bliley Act, A TILA
 
 Request in compliance with the Truth in Lending Act and a Dispute of Debt and  Debt Validation Letter in compliance with the Fair Debt Collection Practices Act and the Fair Credit Reporting Act 
 
DATE,Dear Madam or Sir:I am writing to you to inquire about the accounting and servicing of this mortgage and myneed for understanding and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analysesand records related to the servicing of this account from its origination to the present date.To date, the documents and information I have, that you have sent, and the conversationswith your service representatives, have been unproductive and have leftunanswered questions.Asa consumer, I am extremely concerned about predatory practices, specifically regarding thismortgage company or anyone who has any interest this matter.I am concerned about the possibility of potential fraudulent and deceptive practices byunscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and
 
 
RESPA QUALIFIED WRITTEN REQUEST, ET AL. Page 2 of 21
fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulentaccounting tricks and practices that may have negatively affected my credit rating, mortgageaccount and/or the debt or payments that I am currently, or may be legally obligated to.
THEREFORE
, Iam legally and lawfully able to demand, and do demand, first handevidence and information from you,pertaining to the original, uncertified or certified, security,regarding my account, #123456789. Failure to provide this security will be confirmation that youhad not created or owned one.
BE AWARE,that notice to the agent is notice to the principal and notice to theprincipal is notice to the agent.
Any notice or demand made in this correspondence applies toanyone dealing any part of this account.Also,I demand that you provide me with information related to the chain of custody of thatsame security and its current location. Absent evidence of the security, I will dispute the validityof your lawful ownership, funding, entitlement right, and the current debt you allege that I owe.By debt, I am including but am not limited to the principal balance, the calculated monthly payment, calculated escrow payment and any fees that you claim that I owe or any agent, trust or entity you may service or subservice for.
To independently validate this debt, I need to conduct a complete exam, audit, reviewand accounting of this mortgage account from its inception through the present date.
Irequest that you conduct your own investigation and audit of this account, since itsinception, to validate the debt that you currently claim I owe. I would like you to validate thisdebt, so that it is accurate.Please, do not rely on previous servicers or originators records,assurances or indemnity agreements and refuse to conduct a full audit and investigation of thisaccount.I understand that potential abuses by you or previous servicers could have deceptively,wrongfully, unlawfully, and/or illegally:1.
 
Increased the amounts of monthly payments,2.
 
Increased the principal balance that I owe,3.
 
Increased escrow payments,4.
 
Increased the amounts applied and attributed toward interest on this account,5.
 
Decreased the proper amounts applied and attributed toward the principal on thisaccount, and/orassessed, charged and/or collected fees, expenses and misc. charges
 
 
RESPA QUALIFIED WRITTEN REQUEST, ET AL. Page 3 of 21
that I am not legally obligated to pay, under this mortgage, note and/or deed of trust.To insure that I have not been the victim of such predatory servicing or lending practices. Ihave authorized a thorough review, examination, accounting and audit of mortgage account#123456789 by mortgage auditing and predatory servicing or lending experts. This exam andaudit will review this mortgage account file from the date of initial contact, application and theorigination of this account to the present date written above.Again, 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 United States Codeas well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq. RESPA provides for penalties and fines for non-compliance or failure to answer my questions providedin this letter withinsixty [60] days of its receipt.
ALLEGED DEBT
BE NOTICED THAT
This is also a letter of dispute and debt validation. I recently pulledmy credit report and found CREDITOR NAME HEREreporting derogatory information in myaccount. I dispute the validity of this debt.I would like to resolve this matter, at the earliest possible time, however, due to the possibility of error or fraud in this matter, I must insist thatyou prove that I owe you this purported debt and state the reasons why I owe this debt.In order to prove the debt, I must have a signed and sworn statement before a notary public, under penalty of perjury, by a person having firsthand knowledge of the indebtedness andstating that the reported indebtedness was a legal indebtedness under all applicable state andfederal laws, was not subsequently disputed as a result of returned, faulty, or recalled consumer  products, and furthermore swearing that this purported debt is not now nor ever has been part of any tax write off scheme nor insurance claim. Please be advised that I am requesting validationand competent evidence that I had some contractual obligation sans consumer protectionencumbrance whereby I incurred the original claims associated with this purported debt.Please be advised, that under the Fair Debt Collection Practices Act, I am authorized todemand that you not contact me by telephone, nor at my place of employment by any means,whatsoever. If you wish to communicate with me, you may do so only by U.S. mail and only atmy place of residence.Your failure to provide such information, as I request in a timely manner, may constitute

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