Certified Mail #: XXXX XXXX XXXX XXXX XXXX

John Henry Doe
3825 20th Avenue SE Puyallup, WA 98372 PHANTOM LENDING COMPANY 1234 Ripoff Lane Anytown, WA 12345 ATTN: ACCOUNT MANAGER RE: ACCOUNT NUMBER # 123456789. FOR INDEPENDENT CONFIRMATION OF RECEIPT OF YOUR RESPONSES, PLEASE MAIL ANY RESPONSE TO THE FOLLOWING ADDRESS: Attn: James Aitkins, Notary Acceptor 8822 164th Street East Puyallup, WA 98375 April 20, 2009

RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER
This letter is a ‘‘qualified written request’’ in compliance with, and under, the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) and Regulation X at 24 C.F.R. 3500, and The Gramm Leach Bliley Act
Dear Madam or Sir: We are writing to you to complain about the accounting and servicing of this mortgage. Further, we will request clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date. It is our understanding that your company may have engaged in one or more predatory servicing or lending and servicing practices. As a consumer, we are extremely concerned that predatory servicing and/or predatory “lender” practices, may have affect me, personally.

RESPA REQUEST

Page 1 of 20

We are troubled that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected our credit rating, mortgage account and/or the debt or payments that we are currently making, or may be legally obligated to make. And finally, we are very concerned that after a thorough review of all papers concerning this mortgage, we have found absolutely no evidence that we actually received a loan. The NOTE unambiguously asserted that we did receive a loan. In light of the above, we hereby demand that you provide me with the following three categories of documentation: First: absolute first-hand evidence from you that you are the holder of the original uncertificated or certificated security regarding account number 123456789. Second: records that definitively show a chain of transfer from you to whoever and wherever the security is now being held, clearly identifying the entity that currently holds the security, which is the legal basis of the mortgage, account, and/or the alleged debt or payments that we are currently, or may be, legally obligated to continue to pay. Third: the below-described requested information, answers, and records which will both constitute proof that you are able to validate this “debt”, and make it possible for me to have a thorough independent review completed. Fourth: a rebuttal to the attached Exhibit “A”, which, by this reference, is made part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttal cannot rely on second-hand information or any documents we may have signed, such as the NOTE, which (falsely) asserts that we did receive a loan as such an assertion is not verified evidence of a loan. As we are sure you know, absent the actual certified evidence of the security and the alleged loan, we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege that we owe. It is our belief at this time that this is not a valid debt and, therefore, it is disputed and this RESPA REQUEST also serves as your notice of our dispute of this “debt”. And by “debt”, we are referring to the principal balance you claim we owe; the calculated monthly payment, the calculated escrow payment, and any fees claimed to be owed by you or any trust or entity you may service or subservice for. To independently validate this debt, we need to conduct a complete exam, audit, review and accounting of this mortgage account from its inception through the present date. Upon receipt of this letter, please refrain from reporting any negative credit information [if any] to any credit reporting agency until you respond to each of the following requests:

RESPA REQUEST

Page 2 of 20

We request that you conduct your own investigation and audit of this account since its inception in order to validate the debt you currently claim we owe. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”. We request that you validate this debt so that it is accurate to the penny. Once complete, we require that you send me the results of your work, presented in a format, and in terms, that would be understandable to the average “layman”. In completing the above-described investigation, audit, and validation, we insist that you not rely on the records of previous servicers or originators’, or the assurances or the indemnity agreements of any such previous servicers or originators, or any previous refusals to conduct a full audit and investigation of this account. As this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 § 2605 (e)(1)(B) (e) and Reg. X § 3500.21(f)2 of the United States Code, as well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq., RESPA provides substantial penalties and fines for noncompliance or failure to answer our questions provided in this letter within sixty [60] days of its receipt. In order to conduct an accurate examination and audit of this loan, you are asked to provide full and immediate disclosure, including copies of all pertinent information regarding this loan. This will ensure that…

This loan was originated in lawful compliance with all federal and state laws, regulations including, but not limited to Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws; Any sale or transfer 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; The claimed holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statutes, State and Federal laws, and is entitled to the benefits of payments; All good faith and reasonable disclosures of transfers, sales, Power 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; Each servicer and/or sub-servicer of this mortgage has serviced this mortgage in accordance with statute, laws and the terms of the mortgage, monetary instrument/deed of trust; Each servicer and sub-servicer of this mortgage has serviced this mortgage in compliance with local, state and federal statutes, laws and regulations;

RESPA REQUEST

Page 3 of 20

   

This mortgage account has properly been credited, debited, adjusted, amortized and charged correctly; Interest and principal have been properly calculated and applied to this loan; Any principal balance has been properly calculated, amortized and accounted for; and 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, we will request that you provide me with copies of pertinent documents, a legitimate and reasonable request that, under the law, we have a right to make. We will also request written answers to various servicing questions. Those written answers will need to be certified by officials at your company who are authorized to do so, and we request that such company officials performing such certification be named somewhere on each document being so certified. 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 this account number or our name. As such, as soon as possible, but in no more than 60 days from your receipt of this letter, please send to me, at the above address, copies of the documents requested below:

All certificated or uncertificated security, front and back, used for the funding of account # 0023306855.  All “Pool Agreement(s)” including account # 0023306855 between American Home Mortgage Servicing, Inc., hereafter “AHMSI”, and any government sponsored entity, hereinafter (GSE). All “Deposit Agreement(s)” regarding account # 0023306855 or the “Pool Agreement” including account # 0023306855 between AHMSI and any GSE.

    
GSE.

All “Servicing Agreement(s)” between AHMSI and any GSE. All “Custodial Agreement(s)” between AHMSI and any GSE. All “Master Purchasing Agreement” between AHMSI and any GSE. All “Issuer Agreement(s)” between AHMSI and any GSE. All “Commitment to Guarantee” agreement(s) between AHMSI and any All “Release of Document agreements” between AHMSI and any GSE.

RESPA REQUEST

Page 4 of 20

All “Master Agreement for servicer’s Principle and Interest Custodial Account” between AHMSI and any GSE.

      

All “Servicers Escrow Custodial Account” between AHMSI and any GSE. All “Release of Interest” agreements between AHMSI and any GSE.

Any Trustee agreement(s) between AHMSI and AHMSI’s trustee regarding account # 0023306855 or pool accounts with any GSE. Any documentation evidencing the trust relationship between the Mortgage/Deed of Trust and the Note in this matter. Copies of all documents that establish the Trustee of record for the Mortgage/Deed of Trust and the Note. Copies of all documents that establish the date of the appointment of the Trustee of the Mortgage/Deed of Trust and the Note. Please also include all assignments or transfers or nominees of any substitute trustee(s). Copies of all documents that Mortgage/Deed of Trust and the Note.

    

establish

a

Grantor

for

this

Copies of all documents that establish a Grantee for this Mortgage/Deed of Trust and the Note. Copies of all documents that establish a Beneficiary Mortgage/Deed of Trust and the Note. for this

All documentation showing that the Mortgage, or the Deed of Trust, is not a constructive trust or any other form of trust. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to, Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the inception of this account to the present date. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.

All assignments, transfers, allonge, or other document 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 assignments on, to, or from, MERS.

RESPA REQUEST

Page 5 of 20

All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on, to, or from, MERS.

All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.

 

A copy of the front and back of each and every canceled check, money order, draft, and debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account. All escrow analyses conducted on this account from the inception of this account until the date of this letter.

 

A copy of the front and back of each and every canceled check, draft, or debit notice issued for payment of closing costs, fees and expenses listed on all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. A copy, front and back, of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on this account.

A copy of all letters, statements and documents sent to me by your company.

  

A copy of all letters, statements and documents sent to me by agents, attorneys, or representatives of your company. A copy of all letters, statements and documents sent to me by previous servicers, sub-servicers or others in your account file, or in your control, or possession, or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company. A copy of all letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to present date.

A copy of all electronic transfers, assignments, sales of the note/asset, mortgage, deed of trust or other security instrument.

  

A copy of all copies of property inspection reports, appraisals, BPOs and reports done on the property. A copy of all invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense,

RESPA REQUEST

Page 6 of 20

which has been charged to this mortgage account from the inception of this account to the present date. A copy of all checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.

A copy of 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.

A copy of all account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, 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.

A copy of all account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the from the inception of this account until present date.

ACCOUNT ACCOUNTING & SERVICING SYSTEMS

Please identify each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that our experts can decipher the data provided. For each account accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company or party that designed and sold the system. For each account accounting and servicing system used by you and any subservicers or previous servicers from the inception of this account to the present date, please provide the complete transaction code list for each system so that this account can be adequately audited.

DEBITS & CREDITS

In a spreadsheet form, or in letter form in a columnar format, please detail each and every credit on this account, and the date such credit was posted to this account, as well as the date any credit was received. In a spreadsheet form, or in letterform in a columnar format, please detail each debit on this account, and the date debit was posted to this account, as well as the date any debit was received.

RESPA REQUEST

Page 7 of 20

 

For each debit or credit listed, please provide the definition for each corresponding transaction code you utilize. For each transaction code, please provide us with the master transaction code list used by you or previous servicers.

MORTGAGE & ASSIGNMENTS

A “yes or no” question: has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument we executed to secure this debt, been recorded in the county property records in the county and state in which our property is located from the inception of this account to the present date? If not, why? A “yes or no” question: is your company, the servicers of this mortgage account, the holder in due course and beneficial owner of this mortgage, monetary instrument, and/or deed of trust? A “yes or no” question: have any sales, transfers, or assignments of this mortgage, monetary instrument, deed of trust, or any other instrument we executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date? If yes, please detail for me the names of each seller, purchaser, assignor, assignee, or any holder in due course to any right or obligation of the note, mortgage, deed or security instrument that was executed, securing the obligation on this account that was not recorded in the county records where our property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.

 

ATTORNEY FEES. For purposes of our questions below dealing with attorney fees, please consider the terms “attorney fees” and “legal fees” synonymously.

 

A “yes or no” question: have attorney fees ever been assessed to this account from the inception of this account to the present date? If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date, and the date of such assessment to this account. A “yes or no” question: have attorney fees ever been charged to this account from the inception of this account to the present date? If yes, please detail each separate charge of attorney fees to this account from the inception of this account to the present date and the date of such charge to this account.

 

RESPA REQUEST

Page 8 of 20

 

A “yes or no” question: have attorney fees ever been collected from this account from the inception of this account to the present date? If yes, please detail each separate collection of attorney fees from this account from the inception of this account to the present date and the date of such collection from this account. Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement we signed, authorizing the assessment, charge or collection of attorney fees. Please detail each separate attorney fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date. Please detail each separate attorney fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date. Please detail any adjustments in attorney fees assessed and on what date such adjustment was made and the reasons for such adjustment. Please detail any adjustments in attorney fees collected and on what date such adjustment were made and the reasons for such adjustment. A “yes or no” question: has interest been charged on any attorney fee assessed or charged to this account? A “yes or no” question: is interest allowed to be assessed or charged on attorney fees charged or assessed to this account? How much in total attorney fees have been assessed to this account from the inception of this account until present date? How much in total attorney fees have been collected on this account from the inception of this account until present date? How much in total attorney fees have been charged to this account from the inception of this account until present date? Please provide copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that been assessed or collected from this account.

       

SUSPENSE/UNAPPLIED ACCOUNTS. For purposes of this section, please treat the term “suspense account” and “unapplied account” synonymously.

RESPA REQUEST

Page 9 of 20

A “yes or no” question: has there been any suspense or unapplied account transactions on this account from the inception of this account until present date? If yes, please explain the reason for each and every suspense transaction that occurred on this account. If no, skip the questions in this section dealing with suspense and unapplied accounts. In a spreadsheet, or in letter form in a columnar format, please detail each suspense or unapplied transaction, both debits and credits that occurred on this account from the inception of this account until present date.

LATE FEES. For purposes of our questions below dealing with late fees, please consider the terms “late fees” and “late charges” to be one in the same.

 

A “yes or no” question: have you reported the collection of late fees on this account as interest in any statement to me or to the IRS? A “yes or no” question: have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement to me or to the IRS? A “yes or no” question: do you consider the payment of late fees as liquidated damages to you for not receiving payment on time? A “yes or no” question: are late fees considered interest? Please detail what expenses and damages you incurred for any late payment we made. A “yes or no” question: were any of these expenses or damages charged or assessed to this account in any other way? If yes, please describe what expenses or charges were charged or assessed to this account. Please describe what expenses you or others undertook due to any late payment we made. Please describe what damages you or others sustained due to any late payment we made. Please identify the provision, paragraph, section, or sentence of the note, mortgage, deed of trust, or agreement we signed that authorized the assessment or collection of late fees. Please detail each separate late fee assessed to this account, and for which corresponding payment period or month such late fee was assessed, from the inception of this account to present date.

       

RESPA REQUEST

Page 10 of 20

Please detail each separate late fee collected from this account, and for which corresponding payment period or month such late fee was collected, from the inception of this account to present date. Please detail any adjustments in late fees assessed, and on what date such adjustment was made, and the reasons for such adjustment. A “yes or no” question: has interest been charged on any late fee assessed or charged to this account? A “yes or no” question: is interest allowed to be assessed or charged on late fees charged or assessed to this account? A “yes or no” question: have any late charges been assessed to this account? If yes, how much in total late charges have been assessed to this account from the inception of this account until present date? Please cite the exact months or payment dates you, or other previous servicers of this account, claim any late payments have been made from the inception of this account to the present date. A “yes or no” question: have late charges been collected on this account from the inception of this account until present date? If yes, how much in total late charges have been collected on this account from the inception of this account until present date?

     

 

PROPERTY INSPECTIONS. For purposes of this section, “property inspection” and “inspection fee” refer to any inspections of the property at the above address.

       

A “yes or no” question: have any property inspections been conducted on this property from the inception of this account until the present date? If your answer is no, you can skip the rest of these questions in this section concerning property inspections. If yes, please provide the date of each property inspection conducted on the property that is the secured interest for this mortgage, deed or note. Please provide the price charged for each property inspection. Please provide the date of each property inspection. Please provide the name & address of each company and/or person who conducted each property inspection on the property. Please explain why property inspections were conducted. Please explain how property inspections are beneficial to the grantor/trustor.

RESPA REQUEST

Page 11 of 20

       

Please explain how property inspections are protective of the property. Please explain your policy on property inspections. A “yes or no” question: do you consider the payment of inspection fees as a cost of collection? If yes, why? A “yes or no” question: do you use property inspections to collect debts? Have you used any portion of the property inspection process on this property to collect a debt, payment or obligation? If yes, please answer when and why? Please cite the provision, paragraph, section or sentence of the note, mortgage, deed of trust, or any agreement that authorized the assessment or collection of property inspection fees. A “yes or no” question: have you labeled as a “misc. advance” in any record or document that actually refers to a property inspection? If yes, why? A “yes or no” question: have you labeled as a legal fee or attorney fee in any record or document that was actually a property inspection? If yes, why? Please detail each separate inspection fee assessed to this account and for which corresponding payment period or month such fee was assessed from the inception of this account to present date. Please detail each separate inspection fee collected from this account and for which corresponding payment period or month such fee was collected from the inception of this account to present date. Please detail and list for me in writing any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment. Please detail and list for me in writing any adjustments in inspection fees collected and on what date such adjustment was made and the reasons for such adjustment. A “yes or no” question: has interest been charged on any inspection fees assessed or charged to this account? If yes, when did these charges occur and how much was charged?

    

 

RESPA REQUEST

Page 12 of 20

    

A “yes or no” question: is interest allowed to be assessed or charged on inspection fees charged or assessed to this account? How much in total inspection fees have been assessed to this account from the inception of this account until present date? How much in total inspection fees have been collected on this account from the inception of this account until present date? Please forward to me copies of all property inspections made on our property in this mortgage account file. A “yes or no” question: has any fee charged or assessed for property inspections been placed into escrow account?

BPO FEES

            

A “yes or no” question: have any BPOs (Broker Price Opinions) been conducted on the property? If yes, please provide the date of each BPO conducted on the property, which is the secured interest for this mortgage, deed or note. If yes, please tell us who conducted each BPO. Please provide the price of each BPO. Please explain why BPOs were conducted on the property. Please explain how BPOs are beneficial to the homeowner. Please explain how BPOs are protective of the property. Please explain your policy on BPOs. A “yes or no” question: have any BPO fees been assessed to this account? If yes, how much in total BPO fees have been assessed to this account? A “yes or no” question: have any BPO fees been charged to this account? If yes, how much in total BPO fees have been charged to this account? Please cite the specific clause, paragraph and sentence in the note, mortgage or deed of trust, or any agreement, that allows you to assess, charge, or collect a BPO fee from the homeowner. Please provide copies of all BPO reports that have been done on the property. A “yes or no” question: has any fee, charged or assessed for A BPO, been placed into escrow?

 

RESPA REQUEST

Page 13 of 20

FORCED-PLACED INSURANCE

            

A “yes or no” question: have you placed or ordered any forced-placed insurance policies on the property? If yes, provide the date each policy was ordered or placed on the property that is the secured interest for this mortgage, deed, or note. What was the price of each policy? Who was the agent for each policy? Why was each policy placed on the property? Explain how these policies are beneficial to the homeowner. Explain how these policies are protective of the property. Explain your policy on forced-placed insurance. A “yes or no” question: have any forced-placed insurance fees been assessed to this mortgage or escrow account? If yes, how much in total forced-placed policy fees have been assessed to this account? A “yes or no” question: have any forced-placed insurance fees been charged to this mortgage or escrow account? If yes, how much (dollar amount) in total forced-placed insurance fees have been charged to this mortgage or escrow account? Please cite, specifically, what clause, paragraph, and sentence in the note, mortgage, or deed of trust, or any agreement that allows you to assess, charge, or collect forced-placed insurance fees. Do you have any relationship with the agent or agency that placed any policies on the property? If yes, please describe. A “yes or no” question: do you have any relationship with the carrier that issued any policies on the property? If yes, please describe. A “yes or no” question: has the agency or carrier you used to place a forcedplaced insurance policy on the property provided you any service, computer system, discount on policies, commissions, rebates, or any form of consideration? If yes, please describe. A “yes or no” question: do you maintain a blanket insurance policy to protect your properties when customer policies have expired?

  

RESPA REQUEST

Page 14 of 20

Please send copies of all forced-placed insurance policies that have been ordered on the property.

SERVICING RELATED QUESTIONS. For each of the following questions listed below, please provide me with a detailed explanation in writing that answers each question. In addition, we need the following answers to questions concerning the servicing of this mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions listed below:

A “yes or no” question: did the originator or previous servicers of this account have any financing agreements or contracts with your company or an affiliate of your company? A “yes or no” question: did the originator of this account or previous servicers of this account, have a warehouse account agreement or contract with your company? A “yes or no” question: did the originator of this account, or previous servicers of this account, receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or any affiliate of your company for handling, processing, originating, or administering this loan? If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate, or other financial consideration paid to the originator of this account by your company or any affiliate. Please identify where the originals of this entire account file are currently located and how they are being stored, kept, and protected? What is the exact location of the original signed monetary instrument, or mortgage? Please describe its physical location and anyone holding this note as a custodian or trustee, if applicable. What is the exact location of the original signed deed of trust or mortgage and note? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable. A “yes or no” question: since the inception of this loan, has there been any assignment of the monetary instrument/asset to any other party? If yes, identify the names & addresses of each individual, party, bank, trust or entity that has received such assignment. A “yes or no” question: since the inception of this loan, has there been any assignment of the deed of trust, or mortgage and note, to any other party?

 

  

RESPA REQUEST

Page 15 of 20

 

If yes, please identify the names & addresses of each individual, party, bank, trust or entity that has received such assignment. A “yes or no” question: since the inception of this loan, has there been any sale or assignment of servicing rights to this mortgage account to any other party? If yes, please identify the names & addresses of each and every individual, party, bank, trust or entity that has received such assignment or sale. A “yes or no” question: since the inception of this loan, have any subservicers serviced any portion of this mortgage loan? If yes, please identify the names and addresses of each and every individual, party, bank, trust or entity that has sub-serviced this mortgage loan. A “yes or no” question: has this mortgage account been made a part of any mortgage pool since the inception of this loan? If yes, please identify for me each and every account mortgage pool that this mortgage has been a part of from the inception of this account to the present date. Has each assignment of our asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located? A “yes or no” question: has there been any electronic assignment of this mortgage with MERS (Mortgage Electronic Registration System) or any other computer mortgage registry service or computer program? If yes, please identify the name and address of each individual, entity, party, bank, trust or organization or servicers that has been assigned the mortgage servicing rights to this account as well as the beneficial interest to the payments of principal and interest on this loan. A “yes or no” question: have there been any investors (as defined in your industry) who have participated in any mortgage-backed security, collateral mortgage obligation, or other mortgage security instrument that this mortgage account has ever been a part of from the inception of this mortgage to the present date? If yes, please identify the name and address of each and every individual, entity, organization and/or trust. Please identify the parties to all sales contracts, servicing agreements, assignments, allonges, transfers, indemnification agreements, recourse agreements and any agreement related to this account from its inception to the current date written above, and include their mailing addresses.

    

 

RESPA REQUEST

Page 16 of 20

Please provide copies of all sales contracts, servicing agreements, assignments, allonges, transfers, indemnification agreements, recourse agreements, and any agreement related to this account from its inception to the current date. How much was paid by you for this individual mortgage account? If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan? If part of a mortgage pool, of the principal balance above, what was the percentage paid by you used to determine the purchase price of this individual mortgage loan? Who did you issue a check or payment to for this mortgage loan? Please provide me copies with the front and back of the canceled check.

  

 

Please provide the requested documents and a detailed answer to each of the above-stated questions, within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to further document requests. Copies of this qualified written request, validation of debt, RESPA/TILA and request for accounting and legal records, dispute of debt letter will be sent to the FTC, HUD, Thrift Supervision, all relevant state and federal regulators; and other consumer advocates.

RESPA REQUEST

Page 17 of 20

Default Provision(s) under this QUALIFIED WRITTEN RESPA REQUEST. PHANTOM LENDING COMPANY’s or any agents, transfers, or assigns’ omissions of, or agreement by their silence of this RESPA REQUEST, via certified rebuttal, of all points, questions, & requests herein, denotes agreement and consent to those points, and the premise of those questions & requests. The potential consequences of this are several and include, but are not limited by, an immediate termination/removal of all right, title, and interests (liens) in John Henry Doe’s property or collateral connected to John Henry Doe or account # 123456789. Under such conditions, PHANTOM LENDING COMPANY waives all immunities and defenses in claims and or violations agreed to in this RESPA REQUEST, including, but not limited by, all of the following:

John Henry Doe’s right, by breach of fiduciary responsibility and fraud and misrepresentation, to execute a revocation and rescinding of power of attorney and/or other appointment PHANTOM LENDING COMPANY may have, or may have had, in connection with account # 123456789, and any property and/or real estate connected with account # 123456789.

  

John Henry Doe’s right to have any certificated or uncertificated security re-registered solely in John Henry Doe’s name. John Henry Doe’s right of collection, COMPANY’s liability insurance and/or bond. via PHANTOM LENDING

John Henry Doe’s entitlement in filing and executing any instruments, as power of attorney for, and by, PHANTOM LENDING COMPANY, including, but not limited by, a new certificated security, or any security agreement perfected by filing a UCC Financing Statement with the Secretary of State in the State where the PHANTOM LENDING COMPANY is located.

John Henry Doe’s right to damages, because of PHANTOM LENDING COMPANY’s wrongful registration, breach of intermediary responsibility with regard to John Henry Doe’s asset, by PHANTOM LENDING COMPANY issuing to John Henry Doe a certified check for the original value of John Henry Doe’s monetary instrument.

John Henry Doe’s right to have account # 123456789 completely set off because of PHANTOM LENDING COMPANY’s wrongful registration, breach of intermediary responsibility with regard to John Henry Doe’s monetary instrument/asset, by PHANTOM LENDING COMPANY sending confirmation of set off of wrongful liability of John Henry Doe and issuing a certified check for the difference between the original value of John Henry Doe’s monetary instrument/asset and what John Henry Doe mistakenly sent to PHANTOM LENDING COMPANY as payment for such wrongful liability.

RESPA REQUEST

Page 18 of 20

PHANTOM LENDING COMPANY or any transfers, agents, or assigns who offer a rebuttal of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER, must do so in the manner of this “RESPA REQUEST”, in accordance with, and in compliance with, current statutes and/or laws by signing in the capacity of a fully liable man or woman being responsible and liable under penalty of perjury, while offering direct testimony with the official capacity as an appointed agent for PHANTOM LENDING COMPANY in accordance with PHANTOM LENDING COMPANY’s Articles of Incorporation and By Laws, duly signed by a current and duly sworn under oath director(s) of such corporation/holding corporation/national association. Any direct rebuttal with certified true and complete accompanying proof, must be posted to the above-provided “notary acceptor” address within sixty business days. If and when no verified rebuttal of this “RESPA REQUEST” is made in a timely manner, a “Certificate of Non-Response” serves as PHANTOM LENDING COMPANY’s judgment and consent/agreement with all claims and/or violations herein-stated in the default provisions or any other law. Power of Attorney: If and when PHANTOM LENDING COMPANY fails by not rebutting to any part of this “RESPA REQUEST” PHANTOM LENDING COMPANY agrees with the granting unto John Henry Doe’s unlimited Power of Attorney and full authorization in signing or endorsing PHANTOM LENDING COMPANY’s name upon any instruments in satisfaction of the obligation(s) of this RESPA REQUEST/Agreement or any agreement arising from this agreement. Pre-emption of, or to, any Bankruptcy proceeding shall not discharge any obligation(s) of this agreement. Consent and agreement with this Power of Attorney by PHANTOM LENDING COMPANY waives all claims of John Henry Doe, and/or defenses and remains in effect until satisfaction of all obligation(s) by PHANTOM LENDING COMPANY has been satisfied. Sincerely, ______________________________________ ______________________________________

Daniel Ernst
CC:
Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20580 Office of Housing Enterprise Oversight (OFHEO) 1700 G Street NW, Fourth Floor Washington, DC 20552

Valerie Ernst
Office of RESPA and Interstate Land Sales Office of Housing, Room 9146 Department of Housing and Urban Development 451 Seventh Street SW Washington, DC 20410

RESPA REQUEST

Page 19 of 20

RESPA REQUEST

Page 20 of 20

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.