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DATE: _____________________, 2010

FROM: Maria M. Contreras


c/o Mildred Herrera, Notary Public
P.O. Box 53256
Riverside, California [92517]
TO:
NBGI, INC.
13006 GARRIS AVE.
GRANADA HILLS, CA 91344

NBGI, INC.
C/O Pagter and Miller
525 N. Cabrillo Park Drive, Suite 104
Santa Ana, CA 92701

NBGI
c/o KHANG & KHANG LLP
1901 Avenue of the Stars, Ste 200
Los Angeles, CA 90067

FIDELITY NATIONAL TITLE COMPANY


10971 GARDEN GROVE BLVD, STE D
GARDEN GROVE, CA 92843

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.


1818 LIBRARY ST, STE 300
RESTON, VA 20190

BANK OF AMERICA N.A.


100 N. TRYON ST.
CHARLOTTE, NC 28255

AND TO ALL ASSIGN(S), TRUSTEE(S), BENEFICIARY(IES) AND/OR SUCCESSOR(S):

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION


PURSUANT TOFAIR DEBT COLLECTION PRACTICES ACT
AND REAL ESTATE SETTLEMENT PROCEDURES ACT
Please be advised that this letter is a “Qualified Written Request,” in compliance with the Fair Debt Collection
Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA) and under the DEED OF TRUST /
SECURITY AGREEMENT recorded on 3/26/2007 in the county recorder’s office of Los Angeles county,
California as document #20070692418 also identified as MIN 1001469-000090276-5 pertaining to the alleged
original loan/account # 0000902476 by and between NBGI, INC.. (hereinafter “NBGI”) as Lender; FIDELITY
NATIONAL TITLE COMPANY as Trustee (hereinafter ”FIDELITY”); MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. as nominee Beneficiary for Lender, successors and assigns (hereinafter
“MERS”); BANK OF AMERICA, N.A. (hereinafter ”BOFA”) and Maria M. Contreras, Trustor/Settlor of said
Deed of Trust with further reference given to the following described real property situated in said county and state,
to wit:

LOT 23 AN THE NORTH HALF OF LOT 25 TRACT NO. 7932, IN CITY ARTESIA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 91 TO 93 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN# 7040-002-002

More commonly known as: 18412 Ibex Ave., Artesia, California 90701

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 1 of 8
ATTENTION ALL CONCERNED:

NOTICE TO PRINCIPAL IS NOTICE TO AGENT;


NOTICE TO AGENT IS NOTICE TO PRINCIPAL

SILENCE IS ACQUIESCENCE AND TACIT AGREEMENT


This letter is to inquire about the accounting and servicing of this agreement and my need for understanding and
clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits,
transactions, reversals, actions, payments, inception of my loan to the present date.

To this date, the information, documents I have, that you have sent, and the many conversations with your customer
representatives/agents, have been unproductive and have not answered many of my questions.

It has come to my attention that your company may have been accused of engaging in one or more predatory
lending, servicing, and servicing schemes. As a consumer, I am extremely troubled to know about such practices by
anyone; let alone NBGI, FIDELITY, MERS, and/or BOFA, or anyone who has any interest in this matter. This
situation worries me that potential fraudulent and deceptive practices by unscrupulous brokers; sales and transfers of
credit and or servicing rights; deceptive and fraudulent accounting tricks and practices may have also negatively
affected any credit rating, loan account and/or the debt or payments that I am currently, or may be legally obligated
to pay.

At this time, I hereby demand absolute first hand evidence from you of the original promissory note to verify who is
the holder in due course of this alleged debt and or security regarding said Deed of Trust and the original
loan/account # 0000902476 . I demand that this evidence be sent to me within ten (10) days of verifiable receipt of
this letter, in care of the third party notary herein mentioned, with a sworn affidavit, under penalty of perjury,
from the person who sends it, in order to certify whether the information is true and correct.

In the case that you do not supply me with this very security in the manner requested, it will be a positive
confirmation on your part that you never really created, own or even hold the very note that I created and signed. I
also hereby demand that a chain of transfer from you to wherever the security is now, be promptly sent to me as
well. Absent of the proof of the actual evidence of the security, I will have no choice but to dispute the validity of
your lawful ownership, funding, entitlement right, and the current debt you allege I owe to you. By debt, I am
referring to the principle balance you claim I owe; the calculated monthly payment and any fees claimed to be owed
to you or any trust or entity you may service or sub-service for.

Upon receipt of this letter, please refrain from reporting any negative credit information to any credit reporting
agency until you respond to each of the requests mentioned herein.

To independently validate this debt, I’ll need you to conduct a complete exam, audit, review and accounting of this
account from its inception through the present date.

I also request that you kindly conduct this investigation and audit of this account by a certified public neutral party,
since its origination to validate this debt. Please validate this debt so that it is accurate to the penny.

Please do not rely on previous servicers or originator records, assurances or indemnity agreements and, please, do
not refuse to conduct a full audit and investigation of this account.

I understand that potential abuses by you or previous servicers could have deceptively, wrongfully, unlawfully,
and/or illegally:

1) Increased the principal balance I allegedly owe;


2) Decreased the proper amount applied and attributed toward principle on this account; and/ or

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 2 of 8
3) assessed, charged and/ or collected fees, expenses and miscellaneous charges that I am not legally
obligated to pay under said DEED OF TRUST/ SECURITY AGREEMENT / NOTE.

Therefore, it is extremely urgent that YOU insure that I have not been victimized with such predatory servicing or
lending practices and that fraud has not been committed against me.

To insure this, I am authorizing a thorough review, examination, accounting and audit of the alleged original
loan/account # 0000902476 by a neutral auditing, CPA, and predatory servicing or lending expert. This exam and
audit will review this account file from the date of initial contact, application and the origination of this account to
the present date written above. In order to conduct the examination and audit of this loan, I need to have full and
immediate disclosure including copies of all pertinent information regarding this loan. The documents, requests,
and answers to my questions and needed by me and others to ensure that:

1. This loan was originated in lawful compliance with all federal and state laws, regulation including, but not
limited to Title 62 of the Revised Statutes of the Fair Debt Collection Act, and other laws such as Real Estate
Settlement Procedure Act 12 U.S.C. § 2601 et. seq.; that any and all sales or transfers of this account or
monetary instrument, was conducted in accordance with proper laws and was a lawful sale with COMPLETE
disclosure to all parties with an interest.
2. the claimed holder in due course of the monetary instrument/title/asset/note is holding such note in compliance
with statutes, State and Federal laws and is entitled to the benefits of payments.
3. all good faith and reasonable disclosures of transfers, sales, Powers of Attorney, monetary instrument
ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks,
fees, etc. were and still are properly disclosed to me.
4. each of the servicers and/or sub servicers of this loan and or agreement has serviced this loan and or agreement
in accordance with statute, law, and the terms of agreement, monetary instrument and or title.
5. this agreement and/or loan/account has properly been credited, debited, adjusted, amortized and charged
correctly;
6. the principal and fees have been properly calculated and applied to this loan.
7. any principal balance has been properly calculated, amortized and accounted for;
8. no charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected
from this account.

In order to validate this debt and audit this account, I will also need copies of pertinent documents to be provided to
me along with answers to questions.

For each record kept on computer or in any other electronic file or format, please provide a paper copy of all
information in each field or record in each computer system, program or database used by you that contains any
information on said account # 0000902476, the property, my name, or my social security number.

Please also provide copies of:

1) Any certified or un-certified security, front and back, used for the funding of said original loan/account.
2) Any and all “Pool Agreement(s)”, including said original loan/account between NBGI, FIDELITY, any
Government Sponsored Entity (hereinafter “GSE”), MERS, and/or BOFA or any other entities involved in this
matter.
3) Any and all “Deposit Agreement(s)” regarding any “Pool Agreement” including said original loan/account,
between NBGI, FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.
4) Any and all “Servicing Agreement(s)” between NBGI, FIDELITY, GSE, MERS, AND BOFA or any
other entities involved in this matter.
5) Any and all “Custodial Agreement(s)” between NBGI, FIDELITY, GSE, MERS, AND BOFA or any
other entities involved in this matter.
6) Any and all “Master Purchasing Agreements” regarding said original loan/account between NBGI,
FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 3 of 8
7) Any Deeds of Trust or Security Agreements regarding said original loan/account between NBGI,
FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.
8) Any and all “Commitment to Guarantee” agreement(s) regarding said original loan/account between
NBGI, FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.
9) Any and all “Release of Document” agreement(s) regarding said original loan/account between NBGI,
FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.
10) Any and all “Master Agreement for Servicer’s Principle and Interest Custodial Account”
regarding said original loan/account between NBGI, FIDELITY, GSE, MERS, AND BOFA or any other
entities involved in this matter.
11) Any and all “Servicers Escrow Custodial Account” regarding said original loan/ account between
NBGI, FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.
12) Any and all “Release of Interest” agreement(s) regarding said original loan/account between
NBGI, FIDELITY, GSE, MERS, AND BOFA or any other entities involved in this matter.
13) The Purchaser’s copy of any and all document(s) regarding said original loan/account establishing
any Grantor for this Title and any NOTE sworn by affidavit, under penalty of perjury to be true and correct.
14) All assignments, transfers, allonge, or other document evidencing a transfer, sale or assignment of
this loan, monetary instrument or other document that secures payment by me to this obligation in this account
from the inception of this account to the present date.
15) The front and back of each and every cancelled check, money order, draft, debit or credit notice
issued to any Servicers of this account for payment of any monthly payment, other payment, late charge, fee or
expense on this account.
16) The front and back of each and every cancelled check, draft, or debit notice issued for payment of
closing costs, fees and expenses listed on any and all disclosure statements(s) including, but not limited to,
appraisal fees, etc.
17) Front and back copies of all payment receipts, checks, money, orders, drafts, automatic debits and
written evidence of payments made by anyone on this account.
18) All letters, statements and documents sent to me by your company.
19) All letters, statements and documents sent to me by your agents, attorneys or representatives of
your company.
20) All agreements, contracts and understandings with vendors that have been paid for any charge on this
account from the inception of this account to the present date.
21) All account servicing records, payment payoffs, payoff calculations, payment records, transaction histories,
account histories, accounting records, ledgers, and documents that relate to the accounting of this account from
the inception of this account until present date.
22) All account servicing transaction records, ledgers, registers and similar items detailing how this account has
been serviced from the date of inception of this account until present date.

Further, in order to conduct a thorough audit and review of this account, and to determine all proper amounts
allegedly due, I need the following answers to questions concerning the servicing and accounting of this account
from its inception to the present date. Accordingly, please provide me, in writing and sworn by affidavit, the
answers to the questions listed below:

1) Who loaned the money for this loan?


2) Was it funded by MY OWN, pass-through accounts known as my Social Security Numbers? YES or
NO
3) Identify the source of funds in the account that is the subject matter of this loan/account.
4) What was the account number of the account in which the funds were held prior to the opening of the
account that is the subject matter of this demand for payment of mortgage?
5) Who was the owner of each account or, list those individuals having signature rights to each account?
6) Identify the account that was debited when the disputed account was created.
7) Who was the owner of each account, or list those individuals having signature rights to each account?
8) Identify the source of funds that created the disputed account.
9) Did the funds for the disputed account originate from another account or lending institution?
10) List the names and addresses of all lending institutions from which any funds were purportedly originated.

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 4 of 8
11) Please identify the account number from which the funds originated in order to create the disputed account.
12) Admit, or in the alternative, provide evidence to the contrary that no other account was debited when the
disputed account was created.
13) In the event that you deny that no other account was debited when the disputed account was opened or
created, please identify the account that was debited by account number and/or any and all identifiers thereof
and the name or names of the debited account's signer(s), holder(s) and/or owner(s), and explain how the funds
for this account were originated.
14) In the event that you deny that no other account was debited when the disputed account was
opened or created, state the total balance of this debited account at the time the debit was made; and, list the
names of the signer(s) on the account and the date the account was opened along with the opening balance.
15) Admit, or in the alternative, provide evidence to the contrary that Maria M. Contreras was
the Depositor for the account that is the subject matter of this demand for payment of mortgage.
16) Please provide all documents and information, related in any way, to your implication or
allegation that a loan was given to Maria M. Contreras.
17) Which employee of the bank, lending institution(s), financing company (ies) authorized the
transactions?
18) If the loan origination system, software or other procedures were used in the opening of the disputed
account, please identify the system by name and/or identifier and describe how it works.
19) According to the alleged loan agreement, was the purported lender or financial institution(s)
involved in the alleged loan to use their own money as adequate consideration to purchase the promissory note
from the alleged borrower? YES/NO
20) According to the bookkeeping entries, did the purported lender or financial institution(s) involved
in the alleged loan use their own money as adequate consideration to purchase the promissory note from the
alleged borrower? YES/NO
21) According to the alleged loan agreement, was the purported lender or financial institution(s)
involved in the alleged loan to accept anything of value from the alleged borrower that would be used to fund a
check or similar instrument in approximately the amount of the alleged loan? YES/NO
22) According to the bookkeeping entries, did the purported lender or financial institution(s) involved
in the alleged loan accept anything of value from the alleged borrower that would be used to fund a check or
similar instrument in approximately the amount of the alleged loan? YES/NO
23) Was the intent of the purported loan agreement that the party that funded the loan should be repaid
the money lent? YES/NO
24) Did the purported lender or financial institution(s) involved in the alleged loan follow Generally
Accepted Accounting Principles (GAAP)? YES/NO
25) Were all material facts disclosed in the written agreement? YES/NO
26) What was the name and address of any bank auditor or certified public accountant involved with or having
any relation to the accounting function regarding the disputed account?
27) Identify the name of the records, system of accounting records or ledgers reflecting the transaction for the
disputed account.
28) Were any loan numbers and identifiers to any loan numbers assigned to the disputed account?
YES/NO
If you answered YES to the above question, please list those account numbers and identifiers to those account
numbers.
29) Explain how each account was created or originated.
30) Explain how the funds for each account were deposited and where they originated.
31) Was an account created with the purported loan amount, then debited to fund the disputed
account?
Please explain.
32) State the name and address of collector (assignee) of the disputed account.
33) What are the terms of assignment of the disputed account? You may attach a facsimile, email or
otherwise of any records relating to such terms.
34) Have any claims been made by any creditor or assignee regarding this account? YES/NO
35) Have any insurance or re-insurance claims been made by any creditor/ assignee regarding this
account? YES/NO

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 5 of 8
36) Has the purported balance of this account been used in any tax deduction claim? YES/NO
37) Please list the particular products or services sold by the collector (assignee) to the debtor and the dollar
amount of each.
38) Please produce all records and tangible evidence relating to the questions herein and send them along with
your response to the undersigned via the below named Notary Public.
39) Please provide your name, occupation and title, and mailing address.

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 6 of 8
****IMPORTANT****

Your claim will not be considered valid if ANY portion of this request for validation of debt is
not completed and returned with the required documents. All responses/rebuttals must be sent
to the undersigned c/o the below named Notary Public for purposes of verification of response
or the lack thereof and each response/rebuttal MUST be by sworn, notarized affidavit to be
true and correct.
Again, this is a Qualified Written Request for Validation of Debt under the DEED OF TRUST/SECURITY
AGREEMENT and the PROMISSORY NOTE made pursuant to the Fair Debt Collection Practices Act and the Real
Estate Settlement Procedures Act. You have ten (10) days from receipt to accept, respond, or rebut.
In the event you should need more time, the undersigned will grant an additional Thirteen (13) days predicated upon
your written request for said extension being made prior to the expiration of the allotted time.

Upon failure or refusal to respond or validate your alleged claims against Maria M. Contreras in the manner
specified herein, You, and EACH of You, jointly and severally, agrees to waive all claims against Maria M.
Contreras and agrees to pay Maria M. Contreras for all costs and fees involved in exhaustion of administrative
remedies and/or defending this action.

Furthermore, if you do not respond as required herein, you will have also stipulated that you have failed to state a
claim and am stopped pursuant to, but not limited to 15 USC §1692(g) and You and each of you, jointly and
severally, agree with the granting unto Maria M. Contreras and anyone appointed by Maria M. Contreras, an
Unlimited Power of Attorney and full authorization in signing and/or endorsing as authorized representative for
either NBGI, FIDELITY, GSE, MERS, AND BOFA or any other subsequently assigned entities not yet
noticed herein including any and all named or un-named SUCCESSORS, ASSIGNS, or TRANSFEREES
upon any instrument in satisfaction of the obligation(s) of this Request/Agreement or any agreement arising from
this agreement as well as giving permission for a lien to be filed against you, final damages to be calculated prior to
lien and notice to you by claim of lien and invoice.

Further, per your refusal, failure or silence (default), this Validation of Debt Notice becomes the Security Agreement
between all parties mentioned herein under commercial law.

SILENCE IS ACQUIESCENCE AND TACIT AGREEMENT


Third Party Notary for purposes of evidencing the response or lack thereof:
Mildred Herrera
PO BOX 53256
Riverside, California; near [92517]

NOTICE TO PRINCIPAL IS NOTICE TO AGENT;


NOTICE TO AGENT IS NOTICE TO PRINCIPAL

Of this presentment take due notice and heed, and govern yourself accordingly.

Dated on the ______day of _________, 2010. Without Prejudice, Under Reserve, and Without Recourse,

By:________________________________________
Maria M. Contreras– Trustor/Settlor/Authorized Representative

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 7 of 8
CERTIFICATION
I , Maria M. Contreras, under full liability, do say that I have read the above QUALIFIED WRITTEN REQUEST
FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT, and do know the contents to be true, correct, and complete, and not
misleading, the truth, the whole truth, and nothing but the truth.

Dated on the ______day of _________, 2010. Without Prejudice, Under Reserve, and Without Recourse

By:________________________________________
Maria M. Contreras–
Trustor/Settlor/Authorized Representative

JURAT
State of California
County of ______________________
Subscribed and sworn to (or affirmed) before me on this ____ day of____________, 2010 by Maria M. Contreras,
who proved to me on the basis of satisfactory evidence to be the person who appeared before me.

(seal) Signature__________________________________________

QUALIFIED WRITTEN REQUEST FOR DEBT VALIDATION PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT, AND REAL
ESTATE SETTLEMENT PROCEDURES ACT - Page 8 of 8

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