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ALBERT MILLER DARLENE MILLER 2165 XAIVER AVENUE TURLOCK, CA 95382
Tel: (209) 658-1302 Fax; (209) 658-1302
DEMAND FOR MONEY PURSUANT THE FAIR DEBT COLLECTIONS PRACTICES ACT §809(B) – VALIDATING DEBT(S)
May 15, 2011 TO: ANY AND ALL CREDITORS KNOWN, THEIR ASSESSORS AND SUCCESSORS WHO CLAIM AN INTEREST IN THE HEREIN MENTIONED PROPERTY.
BANK OF AMERICA fka BAC Home Loan Service, LP fka Countrywide Home Loan Service BANK OF AMERICA fka 101 S. TRYTON STREET CHAROLETTE, NORTH CAROLINA 28255
Subsidiary solely owned by Bank of America
CT CORPORATION SYSTEM Registered Agent for Service 818 E. SEVENTH STREET LOS ANGELES, CA 90017
BAC Home Loan Service LP fka Countrywide Home Loan Service 450 American St. #SV416 Simi Valley, CA 93085 (ACQUIRED BY CORPORATE MERGER ON OR ABOUT 2008, Bank of America purchased the failing Countrywide Financial for Est. $4.1 billion and assigned BAC Home Loan Service LP, as said servicing Corporation)
Subsidiary, Agent, Employee of Bank of America
RECONTRUST COMPANY NA. 2380 PERFORMANCE DR. TX2/985/07/03 Richardson, TX 75082 Phone/Sale Information (800)281-8219
Agent for : Bank of America Agent for BAC Home Loan (2ND Appointed Trustee) NO REGISTERED AGENT
Company (subsidiary) solely owned and controlled by Bank of America. (RECONTRUST COMPANY N.A., is a Debt Collector, agent, employee, [self] appointed Trustee, assigned and/or successor attempting to collect a Debt. Any information obtained will be used for that purpose.)
STOP – CEASE AND DESIST
Tel. a Law Corporation 2955 Main Street. their subsidiary Solely owned by Bank of America and delegated properties of Countrywide after merger. Mortgage Electronic Registration Systems. TX 75013 EQUIFAX PO BOX 740256 ATLANTA.) MERS is organized and existing under the laws of Delaware) . (the Beneficiary. 92614 Tel: (949) 720-9200 / Fax. P. LP. O. (949) 608-0131 Notice is further given to the following interested parties. Ml 48501-2026. successors and/or assigns: EXPERIAN PO BOX 9701 ALLEN. Box 2026 Flint. ( MERS ) MERS-organized and existing under the laws of Delaware. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.Page -2 New Owner / Straw Purchaser FEDERAL NATIONAL MORTGAGE ASSOCIATION C/O The Wolf Firm. PA 19022 COUNTRYWIDE HOME LOANS PO BOX 5170 SIMI VALLEY. GA 30374 TRANS UNION PO BOX 1000 CHESTER. (888) 679-MERS. (solely as nominee for Lender. Inc. as hereinafter defined. CA 93062Re: Bank of America and "BAC Home Loans Servicing. CA. and Lender s successors and assigns. (MERS). Irvine. Second Floor.
Second Floor. you failed to give the 21 twenty-one day count down after your refusal /denial of said loan modification application. I do not believe YOU have a legal right to foreclose. Furthermore. but a notice sent pursuant to the Fair Debt Collection Practices Act. 2011 is illegal and lacked compliance with foreclosure regulations.Page -3 BANK OF NEW YORK MELLON BNY Mellon . LP. INC. Initial Debt Collection Dispute Letter This letter is being sent to you in OPPOSITION. A Law Corporation 2955 Main Street. FKA COUNTRYWIDE HOME LOANS SERVICING LP. AS ATTORNEY IN FACT) RE: March 28. That your document contains the “ROBO SIGNERS” and other inconsistencies that are not allowed by law. ALTERNATIVE LOAN TRUST 2006-OC8. CA. CCP SECTION 1162) received on or about May 13. BAC GP. 2011. 2011.Mortgage Department 48 WALL STREET New York. nor that I owe you and/or have that you do not possess the original promissory note or possess any rights of entitlement to foreclose. Loan #: 13781xxxx. . 809 (b) that your claim (foreclosure sale is being ) disputed and validation is requested. LLC. NY 10286 (212) 495-1784 (BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT. nor do you own the real property at issue. (949) 608-0131 Be advised that this is not a refusal to pay. . 2011. 92614 Tel: (949) 720-9200 / Fax. I am writing in response to your aggressive actions and said Foreclosure on March 28. MORTGAGE PASS-THROUGH CERTIFICATES. NY (800) 677-9000 BANK OF NEW YORK MELLON fka BNY MELLON-Corporate Headquarters One Wall Street New York. SERIES 2006-OC8 BY BAC HOME LOANS SERVICING. by New Owner and/or Straw Purchaser. OBJECTION AND/OR RESPONSE to said NOTICE (CCP SECTION 1161a(b)(3). Irvine. FEDERAL NATIONAL MORTGAGE ASSOCIATION C/O The Wolf Firm. WITHOUT LEGAL RIGHT. IT’S GENERAL PARTNERS. . 15 USC 1692g Sec. Illegal Foreclosure Sale. that it should be noted that the Foreclosure Sale that was executed on March 28.
* (2) the name of the creditor to whom the debt is owed. until the debt collector obtains verification of the debt or any copy of a judgment. violates the FDCPA. or the name and address of the original creditor. or that the consumer requests the name and address of the original creditor. You must stay any further action up to and until you have complied with the provisions set forth pursuant to and in accordance with the Fair Debt Collection Practices Act. is mailed to the consumer by the debt collector. or any portion thereof. I know that: because I have disputed this debt in writing within 30 days (the specified time prior to said illegal foreclosure sale) and of receipt of your dunning notice. .Page -4 That you have foreclosed with outdated documents. the debt collector shall cease collection of the debt. this demand to cease and decease is made. is disputed. For instance. * (3) Provide a verification or copy of any judgment (if applicable). the Federal Trade Commission and the Better Business Bureau. and a copy of such verification or judgment. or name and address of the original creditor. * you do not have to respond to this dispute but if you do. * you cannot add interest or fees except those allowed by the original contract or state law. you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt. * (4) Proof that you are licensed to collect debts in (insert name of your state) * (5) opportunity to inspect the original signed note Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. or any disputed portion thereof. Section 809(b): Validating Debts. Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General. any attempt to page -5 collect this debt without validating it. I respectfully request that you provide me with the following information: (1) the true amount of the debt.
I respectfully request that you provide me with the following information: .Show me how you determined and arrived at these fees.Provide me with verification or judgment of any debts owed.Show me what do I owe this money for. Finally.Show me that you are authorized to collect this debt on behalf of the Original Creditor.Show me any fees and interest charges that have been added on to this debt. Thus. you must immediately inform them of my dispute with this debt.Page -5 I have disputed this debt. ** . -Give me a true copy of the un-altered original signed Promissory note application made with the Original Mortgage Company/Corporation at the time of purchase. and what purchases did I make or what Services did I receive? . . I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA. .Provide an opportunity for me to review the un-altered original Promissory Note. ** . if you do not own this debt. SPECIFIC REQUEST: 1.Provide me with letters or proof of what grounds you denied my loan modification application ? . [in a timely manner] therefore. which you may assert in this litigation. Produce: 2. until validated you know your information concerning this debt is inaccurate.Identify to me the Original Mortgagor transferred of said debt . . . . I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2.Give me a complete transaction and payment history from the Original Creditor. if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then.Show me the details and calculations of how you calculated that amount owed on said real property?. Should you pursue a judgment without validating this debt. YOU MUST CEASE AND DECEASE YOUR ILLEGAL FORECLOSURE AND EVICTION ACTIONS. Mortgage or Deed of Trust . “ORIGINAL UN-ALTERED PROMISSORY NOTE” signed by Purchaser at the close of escrow and all documents which in any way relate to any claims and defenses.
A copy of any and all court paperwork if the property is in foreclosure or there is any court process ongoing that involves this property. 14. or foreclosure paperwork. assignment. A copy of any default notices. acceleration papers. it must be obtained from the court files. 16. If you do not have this paperwork. RESPA Servicing Disclosures 9. State and Federal laws entitled to the benefits of payments. statements or account invoices and other documents related to or described in any relationships between any of the parties hereto. . A copy of any notifications from the lender or other party of a change in where the borrower is to send the payments. A copy of the current billing statement. That you disclose the claim holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statues. 11. listing all parties that have or has an interest. TILA Disclosures (very important) 8.Page -6 3. Right to Cancel/Right to Rescission (very important) Disclosures: 6. HUD 1 Statement 7. Settlement Statement (very important 5. or sold the rights to collecting the payments (a new servicer). Any and all disclosures DOCUMENTS 10. 13. All contracts. 12. This may be because the lender sold the note (a new assignee). Good Faith Estimate (very important) 4. and succession to said real property that is the subject of said court action. 15. Certificate of Assignment (recorded) and/or any other document that supports transfer.
All documents. 23. 20. All contracts and/or agreements entered into between you and any other parties regarding the subject matter of this litigation. 22. Any and all “Servicing Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and GSE or any other party. and all documents. Any and all “Master Purchasing Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim and interest in the loan closing or documents pertaining thereto and GSE OR any other party. Any and all “Pooling Agreement(s)” or “servicing agreements” between the nominal lender at the loan closing or documents pertaining thereto and any government sponsored entity. which in any way relate to the subject matter of this litigation. . All other documents that have not been requested in the foregoing requests. 19. which you have in. 25. but that are in your possession. 18. (related cases). Submit any and all Orders of any other Court that has 'ORDERED' original documents.Page -7 17. Any and all “Custodial Agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and GSE or any other party. 24. 21. hereinafter GSE or any other party. any manner whatsoever relied upon in answering any part of these Request for Production of Documents. Any and all “Deposit Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto or and GSE or any other party. which you have identified in your Responses and Answers to these Request for Production of Documents.
Submit any and all “NOTICES” executed to individuals believed to have possession of subject real property related to your eviction process. monetary instruments or other document that secures payment also include any assignments to MERS. sale or assignment of this mortgage. All assignments. 29. 28. Any and all Trustee Agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any GSE or other party. Please provide any and all documents that indicate that the real property has been Paid in full due to pooling. 32. 31. Submit any and all documents in your possession that supports that the pooling of the real properties note with other notes that created a security instrument? . 30. money order. Any and all “Release Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. transfer. Submit any all “NOTICES” executed to individuals believed to have possession of subject real property related to your foreclosures process. The front and back copy of each and every canceled check. draft. 34. bundling. allege or other documents evidencing a transfer. deed of trust. 27. exchange. and or securities agreement. transfers. Any and all “Issuer Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim and interest in the loan closing or documents pertaining thereto and GSE OR any other party. debit or credit notice issued to any servicers of this account for payment of any monthly payment. other payments. 33.Page -8 26.
Page 9 At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax. if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: . I would also like to request. that no telephone contact be made by your offices to my home or to my place of employment. If your offices fail to respond to this validation request within 30 days from the date of your receipt. if any action is taken which could be considered detrimental to any of my credit reports and/or me personally. Also during this validation period. 2011 and illegal eviction and lock out on the herein-mentioned real property. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS / United States Post Office Certified Mail . including but not limited to computer generated calls and calls or correspondence sent to or with any third parties. it will be considered harassment and I will have no choice but to proceed and file suit. any information obtained shall be used for that purpose. Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. This is an attempt to correct your records.Fair Credit Reporting Act .Fair Debt Collection Practices Act .Defamation of Character If your offices are able to provide me with all the proper documentation as requested in the following Declaration. Due to this fact. /// /// /// . It would be advisable that you assure that your records are in order before I am forced to take legal action. If your offices attempt telephone communication with me. I will consult with my legal counsel and move forward with civil litigation. all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. in writing. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. and void the illegal foreclosure Sale March 28.
incurred? . Signed this ___ day of the May.Page -10 Should this matter go to court the defendants shall be responsible for any and all court fees. 2011 _____________________________________ DARLENE MILLER ALBERT MILLER NOTARY JUDAT ATTACHED AND INCORPORATED BY REFERENCE .
the debt collector shall cease collection of the debt. send the consumer a written notice containing— (1) the amount of the debt. and (5) a statement that. or that the consumer requests the name and address of the original creditor. the debt collector will provide the consumer with the name and address of the original creditor. a debt collector shall. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt. until the debt collector obtains verification of the debt or any copy of a judgment. (3) a statement that unless the consumer.Page -11 MEMORANDUM OF POINTS AND AUTHORITIES FDCPA Section 809. the debt will be assumed to be valid by the debt collector. upon the consumer’s written request within the thirty-day period. disputes the validity of the debt. False or misleading representations . or the name and address of the original creditor. or any portion thereof. if different from the current creditor. is mailed to the consumer by the debt collector. is disputed. § 807. within thirty days after receipt of the notice. or any portion thereof. or any portion thereof. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt. (2) the name of the creditor to whom the debt is owed. or name and address of the original creditor. the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector. is disputed. or any disputed portion thereof. and a copy of such verification or judgment. unless the following information is contained in the initial communication or the consumer has paid the debt. (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt.
(6) The false representation or implication that a sale.ment of the action.Page -12 A debt collector may not use any false. . § 811. Legal actions by debt collectors (a) Any debt collector who brings any legal action on a debt against any consumer shall— (1) in the case of an action to enforce an interest in real property securing the consumer’s obligation. bring such action only in the judicial district or similar legal entity— (A) in which such consumer signed the contract sued upon. or misleading representation or means in connection with the collection of any debt. bring such action only in a judicial district or similar legal entity in which such real property is located. referral. Without limiting the general application of the foregoing. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. or (2) in the case of an action not described in paragraph (1). or other transfer of any interest in a debt shall cause the consumer to— (A) lose any claim or defense to payment of the debt.ing the general application of the foregoing. Without limit. the following conduct is a violation of this section: (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. deceptive. § 808. or (B) become subject to any practice prohibited by this title. the following conduct is a violation of this section: (6) Taking or threatening to take any non-judicial action to effect dispossession or disablement of property if— (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest. (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. or (B) in which such consumer resides at the commence.
The concept is codified in C. 226 P. Stetler v. 858. the deed of trust or mortgage upon real estate or chattels that secure its payment. Winegar.” Columbus Investments v. § 4-9203(g).” The Colorado Supreme Court upholds this principle. 2002). assignment of the note carries the mortgage with it.R. Lewis.Page -13 DEED OF TRUST FOLLOWS NOTE The concept that a deed of trust follows the Note is long standing law. . Longan. 271. 48 P. 83 U. An the former as essential.3d 1222 (Colo.274 (1872): “The note and mortgage are inseparable. while an assignment of the latter alone is a nullity. “The transfer or assignment of a promissory note carries with it. The United States Supreme Court first articulated this principle in 1872 in Carpenter v. the latter as an incident. 859 (1924).S.S. as an incident.
Box 2026 Flint. SEVENTH ST LOS ANGELES. 2380 PERFORMANCE DR. O. ( MERS ) MERS-organized and existing under the laws of Delaware. TX 75082 Agent for : Bank of America Agent for BAC Home Loan (2ND Appointed Trustee) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. NY 10286 (212) 495-1784 Page -15 . TX2/985/07/03 Richardson. NY 10286 (800) 677-9000 EXPERIAN PO BOX 9701 ALLEN. CA 93062RECONTRUST COMPANY NA. Ml 48501-2026. CA 93065 CT CORPORATION SYSTEM Registered Agent for Service 818 W.Mortgage Department 48 WALL STREET New York.Page -14 MASTER MAILING LIST BANK OF AMERICA HOME LOANS 450 AMERICAN STREET SIMI VALLEY. NORTH CAROLINA 28255 . CA 90017 BAC HOME LOAN SERVICING LP fka COUNTRYWIDE HOME LOAN SERVICING LP 101 S. BANK OF NEW YORK MELLON BNY Mellon . TRYTON STREET CHAROLETTE. TX 75013 BANK OF NEW YORK MELLON fka BNY MELLON-Corporate Headquarters One Wall Street New York. COUNTRYWIDE HOME LOANS PO BOX 5170 SIMI VALLEY. P.
PA 19022 . GA 30374 TRANS UNION PO BOX 1000 CHESTER.EQUIFAX PO BOX 740256 ATLANTA.
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