You are on page 1of 5

The 3 Must Send Letters

The following are the 3 "Must Send" Debt Defense letters. This means
that at all times you must send any of these letters to any debt
collection company or the original lender that contacts you.
The 3 "Must Send" Debt Defense letters are:
1. The Debt Validation Letter is designed to get a lender or debt
collection agency to provide proof that it can collect the debt. If a
lender or debt collection agency cannot provide proof that it can collect
the debt, then it may be prevented from collecting all of the debt.
2. The RESPA Request Letter is designed to get three (3 main
pieces of information. 1. ! copy of your original mortgage loan file. 2.
!n accounting of all of your mortgage payments and the charges made
on your mortgage loan account and 3. "roof that the lender has the
original note and other documents that allows it to foreclosure and to
collect the mortgage debt. #ou can go to this $%& lin' to learn more
about the ()*"! (e+uest letter.
3. The Cease and Desist Phone Call Collections Letter is designed
to stop the harassing phone calls and improper communications. This
letter must be sent several times and must be sent to the corporate
offices and the designated offices.
The full te,t of the sample letters are below, so scroll down. The
sample letters are designed for -cut and paste-. "lease read each
letter carefully. #ou must ma'e sure to put in your address and
account information. #ou may need to add or ta'e out certain
information. #ou must send each original letter by certified mail (no
return receipt is necessary, regular mail, and if possible fa,. &on.t
forget to ma'e a copy of your letter for your records. /a'e sure to
staple the original mailing receipt and fa, confirmation to the copy of
the letter and put it in your file.
1ob and !ngela 2riendend
123 *treet !venue
3ew 4ity, 4! 51236
!ugust 7, 2515
8I! 4)(TI2I)& /!I9, ():%9!( /!I9 ; 2!4*I/I9)
(<9 4ollections !gency
1236 3otrust !ve
3ew #or', 3# 15555
(e: &)/!3& T= 8!9I&!T) &)1T %3&)( 2)&)(!9 ; *T!T) 9!>
!cct ? @@@@A@@@@A@@@@A@@@@
To >hom It /ay 4oncern:
I am sending this letter in response to a written notice dated !ugust 7,
2515. The notice sent by your offices claimed that I owe a certain debt
to you or to a company you are affiliated with.
"lease be advised that this is a debt validation letter. !t this time, I
am not disputing the validity of the debt. I am simply re+uesting proof
of the debt. $owever, I reserve the right to dispute the debt after I
receive a full and complete written response to this re+uest to validate
the debt.
#ou are aware of the 2air &ebt 4ollection "ractices !ct, in addition to
my home state laws regarding debt collection practices. %nder such
laws, I am asserting my right to receive the following information to
my re+uests. 1e advised that when I refer to Byour companyC, I am
referring to the company that sent the notice claiming I owe a debt.
1. >ho or what is the current legal owner of the debtD If your
company is the owner then provide proof of the proper transfer of the
debt to your company.
2. &oes your company have the original paperwor' that established
and created the debt obligationD
3. >ho or what is the name and address of the original lender of the
debtD >hat is the date of the origination of the debtD
6. "rovide a copy of all written agreements that establish the debt.
"rovide a copy of all written agreements allegedly signed by me as it
relates to the debt.
E. "rovide a complete list of all owners of the debt, including the date
of transfers or assignments of the debt.
F. "rovide a written statement in which you declare that the applicable
statute of limitations has not run on this debt thereby establishing you
are legally entitled to collect the debt.
7. "rovide an accounting of all payments made against the debt and
an accounting of all fees, charges, costs, legal fees, penalties, and
interest charged because of the debt.
G. "rovide a verification or copy of all legal papers filed against me in
an effort to collect the debt, including any Hudgment that has been
obtained against me as it relates to the debt.
I. "rovide proof that you have filed all necessary paperwor' with the
appropriate agencies that allow you to collect debt from me in my
home state or my home city. Include your registration andJor license
15. "rovide each and every time your company has filed a report with
any of the credit bureau as it relates to my credit report. "rovide the
e,act content of each report filed with any of the credit bureaus as it
relates to my credit report.
!ll collection activity must cease and desist until you have provided me
with all of the re+uested information contained in this letter and until I
have had F5 days to review the re+uested information. 2urthermore,
you shall cease and desist ma'ing any contact by telephone, email,
te,t, facsimile, or internet phone to my home, to my place of
employment, to any of my relatives, to any of my friends, and to any
of my coAwor'ers. In fact, you must cease and desist ma'ing any and
all above mentioned contact to any person or entity. #ou may only
contact me, in writing, by regular mail to the address on this letter.
1ob and !ngela 2riendend
!ndy and Kanet (yal
32 :ood *treet
:edford, 3# 11111
!ugust 7, 2515
8I! 4)(TI2I)& /!I9, ():%9!( /!I9 ; 2!4*I/I9)
%ndermac 2ederal 1an'
GG61 3o>ay *treet
"asadena, 4! I5555
!ttn: /ortgage 9oan !ccounting &epartment
(e: 9oan ? ()*"! L%!9I2I)& >(ITT)3 ()L%)*T
&ear *ir or /adam:
#ou are the servicer or originator or assignee of our mortgage loan at
the above address. >e +uestion your ability to collect the debt. >e
also dispute the amount that is owed according to the monthly billing
statement and re+uest that you send us information about the fees,
costs and escrow accounting on our loan. >e also +uestion your wor'
out procedures as it pertains to loan modifications, deedsAinAlieu, and
short sales. This is a B+ualified written re+uestMM pursuant to the (eal
)state *ettlement and "rocedures !ct (12 %.*.4. *ec. 2F5E(e.
*pecifically, we are re+uesting an itemiNation of the following:
O a complete payment history, including but not limited to the dates
and amounts of all the payments we have made on the loan to dateP
O a brea'down of the amount of claimed arrears or delin+uenciesP
O an e,planation of how the amount due on the /onthly 1illing
O The payment dates, purpose of payment and recipient of any and all
foreclosure fees and costs that have been charged to our accountP
O the payment dates, purpose of payment and recipient of all escrow
items charged to our account since you too' over the servicingP
O a brea'down of the current escrow charge showing how it is
calculated and the reasons for any increase within the last 26r
monthsP and
O a copy of any annual escrow statements and notices of a shortage,
deficiency or surplus, sent to us within the last three years.
O ! copy of the entire loan origination file, including all disclosures,
good faith estimates, 1553Ms, and other documents provided to me
prior to the closing of the loan.
O !ny and all proof that you are the current holder of the original note,
loan file, and mortgage.
O !ll assignments, transfers, allonge, or other documents evidencing a
transfer, sale or assignment of this mortgage, deed of trust, 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 including any such assignment on /)(*.
O ! detailed history as it pertains to my application for a loan wor'out.
This includes a copy of all letters, phone logs, representativesM names,
and a list of all documents sent by me and received by your company.
!ndy and Kanet (yal
9ance and /able :reatlin
332 2resh *tart (oad
:oodlawn, !riNona 13333
!ugust 7, 2515
8I! 4)(TI2I)& /!I9, ():%9!( /!I9, ; 2!4*I/I9)
KK 4reditors 4ollect
36F *tayaway *treet
:lanston, Te,as 33121
(e: 4ease and &esist !ll 4ommunications
!ccount 3umber ,GGEAEEEA6363
&ear &ebt 4ollector:
"ursuant to my rights under applicable home state law and federal
debt collection laws, this is a re+uest that you, the company you wor'
for, itMs affiliates and agents immediately cease and desist all
communications with me, my family, friends, and associates in
connection with this debt and any other alleged debts you claim I owe.
1e advised that I may use recording devices to ensure your
compliance and to provide proof against you in case of your failure to
1e advised that you shall not retaliate by filing any reports against my
credit bureau with any of the maHor credit agencies.
1e advised that I will pursue all legal remedies available to me if you
fail to comply with my re+uest.
9ance and /able :reatlin