WHAT IS THE “REAL ESTATE SETTLEMENT ACT” OR RESPA?

IT IS A FEDERAL LAW THAT RULES ALL MORTGAGE TRANSACTIONS IN THE UNITED STATES. THE LAW REQUIRES LENDERS OF MORTGAGES WHETHER A BANK, SAVINGS & LOAN, THRIFT, OR MORTGAGE BANKERS/BROKERS TO ACCOUNT FOR AND REPORT IN DETAIL TO THE CURRENT HOLDER OF THE MORTGAGE ALL ASPECTS OF THE FEES AND CHARGES LEVIED AGAINST YOU THE BORROWER OR WHETHER THE INTEREST WAS CALCULATED PROPERLY AND COLLECTED FROM YOU. THE REQUEST DEMANDS ABSOLUTE FIRST HAND EVIDENCE AND THAT IN ORDER FOR YOU TO CONDUCT A COMPLETE EXAM, REVIEW, AND ACCOUNTING OF YOUR MORTGAGE ACCOUNT FROM ITS INCEPTION THROUGH TO THE PRESENT DATE. THE DEMAND ALSO INSTRUCTS THE LENDER NOT TO REPORT ANY NEGATIVE CREDIT INFORMATION UNTIL THE LENDER RESPONDS TO EACH OF THE REQUESTS. POTENTIAL ABUSES BY YOUR CURRENT LENDER/SERVICER OR PREVIOUS SERVICERS COULD HAVE DECEPTIVELY, WRONGFULLY, UNLAWFULLY, AND/OR ILLEGALLY: Increased the amounts of monthly payments; Increased the principal balance I owe; Increased escrow payments; Increased the amounts applied and attributed toward interest on this account; Decreased the proper amounts applied and attributed toward principal on this account; And/or assessed, charged and/or collected fees, expenses and misc. charges you are not legally obligated to pay under this mortgage, note and/or deed of trust. THE “QUALIFIED WRITTEN REQUEST” INQUIRES ABOUT: ACCOUNT ACCOUNTING & SERVICING SYSTEMS- ASKS FOR IDENTIFICATION OF EACH AND EVERY ACCOUNTING AND SERVICING SYSTEM USED BY CURRENT/PREVIOUS LENDER/SERVICER(S); DEBITS & CREDITS- ASKS FOR EACH AND EVERY CREDIT AND DEBIT AND THE DATE OF POSTING TO THIS ACCOUNT; MORTGAGE & ASSIGNMENTS- ASKS FOR EACH SALE, TRANSFER OR ASSIGNMENT OF THIS MORTGAGE, MONETARY INSTRUMENT, DEED OF TRUST OR OTHER INSTRUMENT EXECUTED BY YOU; ATTORNEY FEES – ASKS FOR ATTORNEY FEES/LEGAL FEES ASSESSED TO THIS ACCOUNT FROM THE INCEPTION TO THE PRESENT DATE; SUSPENSE/UNAPPLIED ACCOUNTS – ASKS IF THERE IS A SUSPENSE ACCOUNT OR UNAPPLIED ACCOUNT TO THIS ACCOUNT FROM THE INCEPTION TO THE PRESENT DATE;

LATE FEES – ASKS IF THERE HAVE BEEN “LATE FEES/LATE CHARGES” ADDED TO THIS ACCOUNT FROM THE INCEPTION TO THE PRESENT DATE; PROPERTY INSPECTIONS – ASKS IF THERE HAVE BEEN ANY PROPERTY INSPECTIONS CONDUCTED FROM THE INCEPTION TO THE PRESENT DATE. IF “YES” THEN REQUEST THE DATE OF EACH SUCH PROPERTY INSPECTION, THE FEES CHARGED BY EACH COMPANY PERFORMING AND CHARGING FOR EACH SUCH INSPECTION; BROKER PRICE OPINION FEES – ASKS IF ANY BPO(S) HAVE BEEN CONDUCTED ON YOUR PROPERTY, THE DATE OF EACH SUCH BPO, AMOUNT OF ANY FEES CHARGED, WHO CONDUCTED THE BPO AND WHY; FORCED-PLACED INSURANCE – ASKS IF ANY FORCED-PLACED INSURANCE POLICIES HAVE BEEN ORDERED, THE DATE OF SAID ORDER, WHY SAID ORDER WAS PLACED, THE PREMIUMS FOR EACH POLICY, HOW IS ANY SUCH POLICY OF BENEFIT TO YOU, WHETHER SUCH POLICY(S) HAVE BEEN ASSESSED TO THIS ACCOUNT; SERVICING RELATED QUESTIONS – ASKS WHETHER THE ORIGINATOR OR PREVIOUS SERVICER(S) HAVE ANY FINANCING AGREEMENTS OR CONTRACTS WITH THIS LENDER/SERVICER OR AN AFFILIATE OF SUCH COMPANY; ASKS WHERE THE ORIGINAL(S) OF THIS ENTIRE ACCOUNT ARE CURRENTLY LOCATED, HOW STORED, KEPT AND PROTECTED AND MANY SIMILAR INQUIRIES; Default Provision(s) under this QUALIFIED WRITTEN RESPA REQUEST – ASKS WHETHER THIS LENDER/SERVICER OR ANY AGENTS, TRANSFERS, ASSIGN(S) OMMISSION(S) OF OR AGREEMENT BY SILENCE TO THIS RESPA REQUEST VIA CERTIFIED REBUTTAL OF ANY AND ALL POINTS AGREES AND CONSENTS TO INCLUDING BUT NOT LIMITED BY ANY VIOLATION(S) OF LAW WAIVES ANY AND ALL RIGHT, TITLE AND INTEREST, LIEN(S), ALL IMMUNITIES OR DEFENSES IN CLAIMS AND OR VIOLATION(S) AGREED TO IN THIS RESPA REQUEST; Power of Attorney: - WHEN LENDER/SERVICER FAILS BY NOT REBUTTING TO ANY PART OF THIS RESPA REQUEST THAT COMPANY AGREES WITH THE GRANTING OF AN UNLIMITED “POWER OF ATTORNEY” TO YOU UNTIL YOU HAVE BEEN PAID YOUR DAMAGES UNDER THE FEDERAL LAW; COPIES OF THE QUALIFIED WRITTEN REQUEST ARE SENT BY YOU TO THE FOLLOWING FEDERAL AGENCIES THAT HAVE JURISDICTION OVER YOUR REQUEST. 1. Federal Trade Commission 600 Pennsylvania Avenue NW, Washington, DC. 20580 2. Office of Housing Enterprise Oversight (OFHEO ) 1700 G Street, NW, Fourth Floor, Washington, DC 20552.

3. Office of RESPA and Interstate Land Sales Office of Housing, Room 9146 Department of Housing and Urban Development 451 Seventh Street, SW Washington, D.C. UPON RECEIPT OF PAYMENT OF $500 IN CASH, MONEY ORDER, COLLECTED CHEQUE, OR CREDIT CARD WE WILL REQUEST THE REQUIRED INFORMATION FROM YOU AND WILL FILL OUT THE FORM PROPERLY AND DELIVER IT TO YOU FOR SIGNTURE AND MAILING. THE UNITED STATES POSTAL SERVICE, HEREAFTER “USPS”, RETURN RECEIPT REQUESTED, HEREAFTER “RRR”, WILL REFLECT FOR THE LENDER TO RETURN INFORMATION TO OUR “NOTARY ACCEPTOR”. SHOULD THE LENDER NOT RESPOND BY GIVING YOU NOTICE OF RECEIPT OF YOUR REQUEST WITHIN TWENTY (20) DAYS WE WILL INITIATE A CERTIFICATE OF NON-RESPONSE, DELIVER A COPY TO YOU FOR YOUR RECORDS. THE RRR WILL BE RETURNED TO THE NOTARY ACCEPTOR. SHOULD THE LENDER NOT RESPOND BY SENDING YOU ALL OF YOUR REQUESTED INFORMATION WITHIN SIXTY (60) DAYS FROM DATE OF RECEIPT WE WILL INITIATE A CERTIFICATE OF DISHONOR, DELIVER A COPY TO YOU FOR YOUR RECORDS. THE RRR WILL BE RETURNED TO THE NOTARY ACCEPTOR. THE NOTARY ACCEPTOR INITIATES AN AFFIDAVIT SWORN TO AS TRUE, CORRECT, COMPLETE AND NOT MISLEADING IN FRONT OF A NOTARY PUBLIC. THIS DOCUMENT IS THEN RECORDED IN THE PUBLIC RECORD OF THE COUNTY WHERE YOU INHABIT AND THE COUNTY WHERE THE DEFAULTING LENDER/SERVICER’S PRINCIPAL CORPORATE OFFICES ARE LOCATED. IF NECESSARY, AND THE BANK/LENDER DOES NOT DO WHAT IS REQUIRED OF THEM TO FOLLOW BY LAW, FURTHER ACTION CAN BE TAKEN USING THE DEFAULT TO OBTAIN A DEFAULT JUDGMENT OF AND FOR YOUR DAMAGES. INTERESTED? CALL ME, SAM, AT 480-275-5325 AND WE WILL SET IT ALL UP.

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