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Home Mortgage) Attorneys At Law One hundred old City Road, Suite 13, Any Place, New York 10466 (123) 456-7890 Tel (123) 555-6595 Fax Re: U.S. Bank National Association Stein/Weiner File # 1234567 Loan # 34567890123 Premises - same Dear Sir/Madam, I am in receipt of your letter dated February 27, 2008, and your request for payment in the amount of $701,979.72 . As the Alleged debtor, i.e. JANE DOE I am disputing the said amount you claim I owe. The alleged debt may not valid and as an entitlement holder and makor of the note I have a vested interest or claim in said note; Further, this is a request for validation of an alleged debt and is not a request for a copy of any invoice, statement, bill, or anything that simply delineates proof of address. Nor is it a request for a copy of any notification of assignment, negotiation/transfer of rights agreement, alleged agreement, contract, alleged contract, and the like, nor is it a request for a copy of any other un-verified document/presentment referencing said alleged debt. Any and all such documents will be requested under the Section 6 of The Real Estate Settlement and Procedures Act (RESPA) as a QWR to incorporated into and be made a part of this validation request. This request for validation of an alleged debt is a request for bona fide verification of the purported amount. In accordance with law, only sworn affidavits, oaths, and depositions qualify as a verification of the lawful existence of a bona fide debt. Absent such verification validating the alleged debt, and absent proof of a claim greater than that of the entitlement holder. To validate your claims I am requesting the original wet ink signature promissory note that I signed at closing absent this then it would not be presumptuous to say that your communication “fails to state a claim upon which relief can be granted.” Wherefore, in accordance with the Fair Debt Collection Practices Act, effective immediately upon Agent’s (Stein, L.L.P.) receipt of this Notice by Written Communication, Agent, assigns and heirs must cease all collection/prosecution efforts against alleged debtor, and alleged debtor’s secured private property. Agent is hereby notified of the following Privacy Act Notice: Privacy Act Notice Page | 1
C. (b) prohibited from contacting alleged debtor by mail.. L.P. notice of lien. Note: the Fair Debt Collection Practices Act at 15 USC §1692 et seq. 26 U.” as well as “the threat to take any action that cannot legally be taken.P sub-agents and principals.L. in accordance with the fundamental principals of American jurisprudence and law. special procedures.P establishes the existence of the original wet ink signature promissory note and until said alleged debt is verified as indicated above and alleged debtor is provided with any such verification. L. L. § 1692e(8) states: “Communicating or threatening to communicate to any person credit information which is known or which should be known to be false. § 7609 as lawfully amended.S.This written Notice by Written Communication constitutes Stein. as well as Stein.P. as well as against any of Entitlement holder’s secured private property.” all of which constitute violations of law. By this Notice By Written Communication. written authorization from principal U. to collect an alleged debt.” which includes “the false representation of the character.S. Therefore. by telephone. via written communication. as well as in person.L. notice of levy.P ‘s (Agent) due-process notice and opportunity to be heard.” The attached written communication is Respondent’s response Stein. L. as well as any assignee. or legal status of any debt. including the failure to communicate that a disputed debt is disputed. bona fide documentary evidence that establishes the lawful and or express. 5 U.C. as lawfully amended. and each principal and each agent is: (a) barred from providing any Credit Reporting Agency any derogatory credit information regarding the above alleged debt.S.C. L. as well as any other legal action against alleged debtor. This Notice By Written Communication is binding upon every principal and agent re the subject matter set forth herein. is a violation of § 1692e. is prohibited from filing any lawsuit. Absent compliance with all requirements set forth herein Agent is barred from using any defense of immunity from prosecution for Agent’s actions. Home Mortgage to Stein. as lawfully amended. and the Third Party Summons Act. 12 U. Agent.S.L. Bank National Association/ U. L. both at alleged debtor’s residence. the Right to Financial Privacy Act of 1978. § 552a. to collect for and be their bonafide debt Collector as codified in Title 15 FDCPA 1692 15 U.L. states in relevant part that: “A debt collector may not use any false.P s attempt. as well as at alleged debtor’s place of employment.L.L. shall comply with the provisions of the Privacy Act of 1974. or misleading representation or means in connection with the collection of any debt. § 3401. to assist Alleged Debtor/entitlement holder in keeping inviolate certain constitutionally protected privacy rights.S. Page | 2 .C. L.L.P. as well as the actions of Agent’s sub-agents. and (c) prohibited from contacting any other third party regarding the above-referenced alleged debt until Stein.S. deceptive. Alleged debtor hereby requests from Stein. and the like. Stein.
The date that the current holder acquired this mortgage and from whom it was acquired from. along with a current telephone number. 12 U. 6. with the corresponding adjustment amount. The current holder of the note. The monthly principal and interest payments. costs and escrow accounting of the above-referenced loan I dispute the amount that is owed according to the Monthly Billing Statement and request that you send me an itemization of the following: NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT . I am hereby requesting information about the fees. and monthly escrow payments received from the date of the loan’s closing to the date of this QWR. The date your company began servicing the loan. their mailing address for process of service. 4. Page | 3 . The information I am requesting as part of this QWR is as follows: 1. 7. A copy of all documents executed by me at the closing of this transaction. 2. along with a current telephone number.C. U.S. The current holder of the mortgage/deed of trust. 3.S. The previous servicer of the loan. 8. 9. 5.__________________________________ Nicole Kyriacou RESPA QUALIFIED WRITTEN REQUEST. TILA REQUEST DISPUTE OF DEBT This is a “qualified written request” pursuant to the Real Estate Settlement Procedures Act. § 2605(e). their mailing address for process of service. Bank Home Mortgage is the servicer of our mortgage loan at the above address. The current interest rate. The adjustment dates of each interest rate adjustment.
sub-servicing. 20. appraisal fees. property inspections and risk assessments completed for this account. The total amount due of any unpaid principal. A complete payment history. Page | 4 . A breakdown of all charges accrued on the account since the date of closing. forced placed insurance charges. that includes. Please provide a copy of all written loss-mitigation rules and work-out procedures for this account. escrow charges. 13. but is not limited by. The payment dates. contingency. and other charges due as of the date of this letter. A statement indicating which covenants of the mortgage and/or note authorize each charge. 14. 12. legal fees and recoverable corporate advances. The total amount of principal paid on the account up to the date of this letter. escrow and other charges. 22. Please provide a copy of all trust agreements pertaining to this account. deficiency or surplus in our escrow account over the past three years. interest. property inspection fees.10. 18. including the amounts applied to principal. purposes of payment and recipient of any and all foreclosure fees and costs that have been charged to my account. Please provide a copy of all manuals pertaining to the servicing of this account. 17. interest. A breakdown of any shortage. 15. late charges. A breakdown of the current escrow charges showing how it is calculated and the reasons for any increase within the last twenty-four (24) months. 21. 19. Please separately and identify each amount due. Please provide a copy of all appraisals. 11. specialty and back-up) pertaining to this account. Please provide a copy of all servicing agreements (master. 16. including how those payments were applied.
please respond to these questions within sixty (60) days of receipt of this letter.23. 24. This is required of as agent for principal. If this account is registered with MERS. Pursuant to 12 U.C. property appraisal fees.C. § 2605(e). I hereby dispute all late fees. _____________________________________ Jane Doe Page | 5 . state its MIN number. legal fees and corporate advances charged to this account. A statement indicating the amount to pay this loan off in full as of date of receipt of this correspondence . forced placed insurance charges. as also required by 12 U. § 2605(e).S. §2605(e) you are hereby notified that placing any negative coding on my credit report before responding to this letter is a violation of RESPA and the FCRA.C. Please provide a copy of the LSAMS Transaction History Report for this account. Very truly yours. inspection fees. Your organization will be subject to civil liability if negative coding appears for this account before a response to this QWR is provided to me. and include a description of all fee codes.S. 25.S. I believe my account is in error and reserves the right to amend change and initiate a discovery process by utilizing the services of a professional forensic research company to investigate this further. charges. Please provide confirmation that you have received this QWR within twenty (20) days. Thereafter. as required under 12 U. Additionally.
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