_______________________ Your Name
_______________________ Street Address
_______________________ City, State, Zip
_______________________ Lender’s Name
_______________________ Street Address
_______________________ City, State, Zip
Certified Mail # _______________________
Date: _______________________ QUALIFIED WRITTEN REQUEST, COMPLAINT, DISPUTE OF DEBT AND VALIDATION OF DEBT LETTER, TILA REQUEST
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).
Reference: Account #_______________________ (hereinafter the subject loan and is the
reference for all questions and requests described below).
Dear Sir or Madam:
I am writing to you to complain about the accounting and servicing of this mortgage and my
need for understanding and clarification of various sale, transfer, funding source, 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.
To date, the documents and information I have, that you have sent me, and the conversations
with your service representatives have been unproductive and have not answered my questions.
Needless to say, I am very concerned. With all the news lately regarding the stories of predatory
lending, you have left me feeling that there is something you are trying to hide. I worry 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 any credit rating, mortgage account and/or the debt or payments that I am
currently, or may be legally obligated to.
I hereby demand absolute 1 st
hand evidence from you of the original uncertificated or certificated
security regarding account # _______________________. In the event you do not supply me
with the very security it will be a positive confirmation on your part that you never really created
and owned one.
I also hereby demand that a chain of transfer from you to wherever the security is now be
promptly sent to me as well. Absent the actual evidence of the security I have no choice but to
dispute the validity of your lawful ownership, funding, entitlement right, and the current debt
you say I owe. By debt I am referring to the principal balance you claim I owe; the calculated
monthly payment, calculated escrow payment and any fees claimed to be owed by you or any
trust or entity you may service or sub-service for.
To independently validate this debt, I 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 requests.
I also request that you conduct your own investigation and audit of this account since its
inception to validate the debt you currently claim I owe. I would like you to validate the debt so
that it is accurate to the penny!
Please do not rely on previous servicing companies or originators records, assurances or
indemnity agreements and refuse to conduct a full audit and investigation of this account.
I understand that potential abuses by you or previous servicing companies could have
deceptively, wrongfully, unlawfully, and/or illegally:
Increased the amounts of monthly payments;
Increased the principal balance I owe;
Increased the escrow payments;
Increased the amounts applied and attributed toward interest on this account;
Decreased the proper amounts applied and attributed toward the principal on this account; and/or
Assessed, charged and/or collected fees, expenses and miscellaneous charges I am not legally
obligated to pay under this mortgage, note and/or deed of trust.
I request you insure that I have not been the victim of such predatory servicing and lending
practices.
To insure this, I have authorized a thorough review, examination, accounting and audit of
mortgage account # _______________________ by mortgage auditing and predatory servicing
or lending experts. This exam and audit will review this mortgage account file from the date of
initial contact, application and the origination of this account to the present date written above.
Again, this is a Qualified Written Request under the Real Estate Settlement Procedures Act,
codified as Title 12 section 2605(e) of the United States Code as well as a request under the
Truth In Lending Act 15 U.S.C. section 1601. RESPA provides substantial penalties and fines
for non-compliance or failure to answer my questions provided in this letter within sixty (60)
days of its receipt.
In order to conduct the examination and audit of this loan, I need to have full and immediate
disclosure including copies of all pertinent information regarding this loan. The documents
requested and answers to my questions are needed by myself and others to ensure that this loan:
1-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 Practices
Act, HOEPA and other laws;
2-That the origination and/or 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;
3-That you disclose 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;
4-That 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, including
but not limited to the period commencing with the original loan solicitation through and
including any parties, instruments, assignments, letters of transmittal, certificates of asset backed
securities and any subsequent transfer thereof;
5-That each servicers and/or sub-servicers of this mortgage has serviced this mortgage in
accordance with statute, laws and the terms of mortgage, monetary instrument/deed of trust,
including but not limited to all accounting or bookkeeping entries commencing with the original
loan solicitation through and including any parties, instruments, assignments, letters of
transmittal, certificates of asset backed securities and any subsequent transfer thereof;
6-That each servicers and/or sub-servicers of this mortgage has serviced this mortgage in
compliance with local, state and federal statutes, laws and regulations commencing with the
original loan solicitation through and including any parties, instruments, assignments, letters of
transmittal, certificates of asset backed securities and any subsequent transfer thereof, ;
7-That this mortgage account has been credited, debited, adjusted, amortized and charged
correctly and disclosed fully commencing with the original loan solicitation through and
including any parties, instruments, assignments, letters of transmittal, certificates of asset backed
securities and any subsequent transfer thereof ;
8-That interest and principal have been properly calculated and applied to this loan;
9-That any principal balance has been properly calculated, amortized and accounted for;
10-That no charges, fees or expenses, not obligated by me in any agreement, have been charged,
assessed or collected from this account or any other related account arising out of the subject
loan transaction.
In order to validate this debt and audit this account, I need copies of pertinent documents to be
provided to me. I also need answers, certified, in writing, to various servicing questions. 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 or my name.
As such, please send to me, at the address above, copies of the documents requested below as
soon as possible. Please also provide copies, front and back, of the following documents
regarding account # _______________________:
1-Any certificated or uncertificated security used for the funding of this account;
2-Any and all “Pool Agreement(s)” or “servicing agreements” 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 government sponsored entity, hereinafter GSE or other
party;
3-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
and any GSE or other party;
4-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 any GSE or other party;
5-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 any GSE or other party;
6-Any and all “Master Purchasing 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;
7-Any and all “Issuer 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;
8-Any and all “Commitment to Guarantee” 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;
9-Any and all “Release of Document” 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;
10-Any and all “Master Agreement for Servicer’s Principal and Interest Custodial Account”
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;
11-Any and all “Servicer’s Escrow Custodial Account” 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;
12-Any and all “Release of Interest” 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;
13-Any 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 also send me copies, front and back, of:
1-Any documentation evidencing any trust relationship regarding the Mortgage/Deed of Trust and any Note in this matter;
2-Any and all document(s) establishing any Trustee of record for the Mortgage/Deed of Trust and any Note;
3-Any and all document(s) establishing the date of any appointment of Trustee Mortgage/Deed
of Trust and any Note, including any and all assignments or transfers or nominees of any
substitute trustees(s);
4-Any and all document(s) establishing any Grantor for this Mortgage/Deed of Trust and any
Note;
5-Any and all document(s) establishing any Grantee for this Mortgage/Deed of Trust and any
Note;
6-Any and all document(s) establishing any Beneficiary for this Mortgage/Deed of Trust and
any Note;
7-Any documentation evidencing the Mortgage/Deed of Trust is not a constructive trust or any
other form of trust;
8-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 date written above.
9-All descriptions and legends of all Codes used in your mortgage servicing and accounting
system so the examiners and auditors and experts retained to audit and review this mortgage
account may properly conduct their work.
10-All 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 MERS.
11-All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or
servicing rights to this mortgage including any such assignments on MERS.
12-All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from
the inception of this account to the present date.
13-The front and back of each and every canceled check, money order, draft, 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.
14-All escrow analyses conducted on this account from the inception of this account until the
date of this letter.
15-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 any and 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.
16-Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits
and written evidence of payments made by others or me on this account.
17-All letters, statements and documents sent to me by your company.
18-All letters, statements and documents sent to me by agents, attorneys or representatives of
your company.
19-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.
20-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 the present date.
21-All electronic transfers, assignments and sales of the note/asset, mortgage, deed of trust or
other security instrument.
22-All copies of property inspection reports, appraisals, BPOs and reports done on my property.
23-All invoices for each charge 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.
24-All checks used to pay invoices for each charge such as inspection fees, BPOs, appraisal fees,
attorney fees, insurance, taxes, assessments or any expense which has been charged to this
account from the inception of this account to the present date.
25-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.
26-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 to the present date.
27-All account servicing transaction records, ledgers, registers and similar items detailing how
this account has been serviced from the inception of this account to the present date.
Further, in order to conduct the audit and review of this account, and to determine all proper
amounts due, I need the following answers to questions concerning the servicing and accounting
of this mortgage account from its inception to the present date. Accordingly, please provide me,
in writing, the answers to the following questions:
In regards to Account Accounting and Servicing Systems:
1-Please identify for me 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
experts can decipher the data provided.
2-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 that designed and sold the system.
3-For 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, please provide the
complete transaction code list for each system so that I, and others can adequately audit this
account.
In regards to Debits and Credits:
1-In a spreadsheet form or in letter form in a columnar format, please detail for me each and
every credit on this account from the date such credit was posted to this account as well as the
date any credit was received.
2- In a spreadsheet form or in letter form in a columnar format, please detail for me each and
every debit on this account from the date such debit was posted to this account as well as the date
any debit was received.
3-For each debit and credit listed, please provide me with the definition for each corresponding
transaction code you utilize.
4-For each transaction code, please provide the master transaction code list used by you or
previous servicers.
In regards to Mortgage and Assignments:
1-Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or
any other instrument I executed to secure this debt been recorded in the county property records
in the county and state in which my property is located from the inception of this account to the
present date? Yes or No?
2-If not, why?
3-Is your company the servicer of this mortgage account or the holder in due course and
beneficial owner of this mortgage, monetary instrument and/or deed of trust?
4-Have any sales, transfers or assignments of this mortgage, monetary instrument, deed of trust
or any other instrument I 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? Yes or No?
5-If yes, please detail for me the names of the seller, purchaser, assignor, assignee or any holder
in due course to any right or obligation of any note, mortgage, deed of trust or security
instrument I executed securing the obligation on this account that was not recorded in the county
records where my property is located whether they be mortgage servicing rights or the beneficial
interest in the principal and interest payments.
In regards to Attorney Fees:
For purposes of the questions below dealing with attorney fees, please consider attorney fees and
legal fees to be one in the same.
1-Have attorney fees ever been assessed to this account from the inception of this account to the
present date? Yes or No?
2-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 assessments to
this account.
3-Have attorney fees ever been charged to this account from the inception of this account to the
present date? Yes or No?
4- 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 assessments to this account.
5-Have attorney fees ever been collected from this account from the inception of this account to
the present date? Yes or No?
6-If yes, please detail each separate collection of attorney fees to this account from the inception
of this account to the present date and the date of such assessments to this account.
7-Please provide me with 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.
8-Please identify for me in writing the provision, paragraph, section or sentence of any note,
mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or
collection of attorney fees.
9-Please detail and list for me in writing each separate attorney fee assessed from this account
and for which each corresponding payment period or month such fee was assessed from the
inception of this account to the present date.
10- Please detail and list for me in writing each separate attorney fee collected from this account
and for which each corresponding payment period or month such fee was collected from the
inception of this account to the present date.
11-Please detail and list for me in writing any adjustments in attorney fees assessed and on what
date such adjustment was made and the reason for such adjustment.
12- Please detail and list for me in writing any adjustments in attorney fees collected and on what
date such adjustment was made and the reason for such adjustment.
13-Has interest been charged on any attorney fees assessed or charged to this account? Yes or
No?
14-Is interest allowed to be assessed or charged on attorney fees charged or assessed to this
account? Yes or No?
15-How much total in attorney fees have been assessed to this account from the inception to the
present date?
16-How much total in attorney fees have been collected from this account from the inception to
the present date?
17-How much total in attorney fees have been charged to this account from the inception to the
present date?
18-Please send me copies of all invoices and detailed billing statements from any law firm or
attorney that has billed such fees that have been assessed or collected from this account from the
inception to the present date.
In regards to Suspense/Unapplied Accounts:
For purposes of this section, please treat the term suspense account and unapplied account as one
in the same.
1-Has there been any suspense or unapplied account transactions on this account from the
inception of this account until the present date? Yes or No?
2-If yes, please explain the reason for each and every suspense transaction that occurred on this
account. If no, please skip the questions in this section dealing with suspense and unapplied
accounts.
3-In a spreadsheet or in letter form in a columnar format, please detail for me each and every
suspense or unapplied transaction, both debits and credits that has occurred on this account from
the inception of this account to the present date.
In regards to late fees:
For purposes of my questions below dealing with late fees, please consider the terms late fees
and late charges to be one in the same.
1-Have you reported the collection of late fees on this account as interest in any statement to me
or to the IRS? Yes or No?
2-Has 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? Yes or No?
3-Do you consider the payment of late fees as liquidated damages to you for not receiving
payment on time? Yes or No?
4-Are late fees considered interest? Yes or No?
5-Please detail for me in writing what expenses and damages you incurred for any payment I
made that was late.
6-Were any of these expenses or damages charged or assessed to this account in any other way?
Yes or No?
7-If yes, please describe what expenses or damages were charged or assessed to this account.
8-Please describe for me in writing what expenses you or others undertook due to any payment I
made, which was late.
9- Please describe for me in writing what damages you or others undertook due to any payment I
made, which was late.
10-Please identify for me in writing the provision, paragraph, section or sentence of any note,
mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of
late fees.
11-Please detail and list for me in writing 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 the present date.
12-Please detail and list for me in writing 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 the present date.
13-Please detail and list for me in writing any adjustments in late fees assessed and on what date
such adjustment was made and the reason for such adjustment.
14-Has interest been charged on any late fee assessed or charged to this account? Yes or No?
15-Is interest allowed to be assessed or charged on late fees to this account? Yes or No?
16-Have any late charges been assessed to this account? Yes or No?
17-If yes, how much in total late charges have been assessed to this account from the inception
of this account to the present date?
18-Please provide me with the exact months or payment dates you or other previous servicers or
sub-servicers of this account claim I have been late with a payment from the inception of this
account to the present date.
19-Have late charges been collected on this account from the inception of this account to the
present date? Yes or No?
20-If yes, how much in total late charges have been collected on this account from the inception
of this account to the present date?
In regards to Property Inspections:
For the purpose of this section property inspection and inspection fee refer to any inspection of
property by any source and any related fee or expense charged, assessed or collected for such
inspection.
1-Have any property inspections been conducted on my property from the inception of this
account to the present date? Yes or No?
2-If your answer is no, you can skip the rest of the questions in this section concerning property
inspections.
3-If yes, please tell me the date of each property inspection conducted on my property that is the
secured interest for this mortgage, deed of trust or note.
4-Please tell me the price charged for each property inspection.
5-Please tell me the date of each property inspection.
6-Please tell me the name and address of each company and person who conducted each property
inspection on my property.
7-Please tell me why property inspections were conducted on my property.
8-Please tell me how property inspections are beneficial to me.
9-Please tell me how property inspections are protective of my property.
10-Please explain to me your policy on property inspections.
11-Do you consider the payment of inspection fees as a cost of collection? Yes or No?
12-If yes, why?
13-Do you use property inspections to collect debts? Yes or No?
14-Have you used any portion of the property inspection process on my property to collect a debt
or inform me of a debt, payment or obligation I owe? Yes or No?
15-If yes, please answer when and why?
16-Please identify for me in writing the provision, paragraph, section or sentence of any note,
mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of
property inspection fees.
17-Have you labeled in any record or document sent to me a property inspection as a
miscellaneous advance? Yes or No?
18-If yes, why?
19-Have you labeled in any record or document sent to me a property inspection as a legal fee or
attorney fee? Yes or No?
20-If yes, why?
21-Please detail and list for me in writing 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 the present date.
22- Please detail and list for me in writing 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 the present date.
23-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?
24- 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?
25-Has interest been charged on any inspection fees assessed or charged to this account? Yes or
No?
26-If yes, when and how much was charged?
27-Is interest allowed to be charged on inspection fees charged or assessed to this account? Yes
or No?
28-How much total in inspection fees has been assessed to this account from the inception of this
account to the present date?
29-How much total in inspection fees has been collected on this account from the inception of
this account to the present date?
30-Please forward to me copies of all property inspections made on my property in this mortgage
account file.
31-Has any fee charged or assessed for property inspections been placed into an escrow account?
Yes or No?
In regards to BPO Fees:
1-Have any BPOs (Broker Price Opinions) been conducted on my property? Yes or No?
2- If your answer is no, you can skip the rest of the questions in this section concerning BPOs.
3-If yes, please tell me the date of each BPO conducted on my property that is the secured
interest for this mortgage, deed of trust or note.
4-Please tell me the price of each BPO.
5-Please tell me who conducted the BPO.
6-Please tell me why BPOs were conducted on my property.
7-Please tell me how BPOs are beneficial to me.
8-Please tell me how BPOs are protective of my property.
9-Please explain your policy on BPOs.
10-Have any BPO fees been assessed to this account? Yes or No?
11-If yes, how much in total BPO fees have been charged to this account?
12-Please identify for me in writing the provision, paragraph, section or sentence of any note,
mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or
collection of a BPO fee from me.
13-Please send to me copies of all BPO reports that have been done on my property.
14-Has any fee charged or assessed for a BPO been placed into an escrow account? Yes or No?
In regards to Force-Placed Insurance:
1-Have you placed or ordered any force-placed insurance policies on my property?
2-If yes, please tell me the date of each policy ordered or placed on my property that is the
secured interest for this mortgage, deed of trust or note.
3-Please tell me the price of each policy.
4-Please tell me the agent for each policy.
5-Please tell me why each policy was placed on my property.
6-Please tell me how the policies are beneficial to me.
7-Please tell me how the policies are protective of my property.
8-Please explain to me your policy on force-placed insurance.
9-Have any force-placed insurance fees been assessed to this account? Yes or No?
10-If yes, how much in total force-placed insurance fees have been assessed to this account?
11-Have any force-placed insurance fees been charged to this account? Yes or No?
12-If yes, how much in total force-placed insurance fees have been charged to this account?
13-Please identify for me in writing the provision, paragraph, section or sentence of any note,
mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or
collection of force-placed insurance fees from me.
14-Do you have any relationship with the agent or agency that placed any policies on my
property? If yes, please describe.
15-Do you have any relationship with the carrier that issued any policies on my property? If yes,
please describe.
16-Has the agency or carrier you used to place a forced-placed insurance on my property
provided you any service, computer system, discount on policies, commissions, rebates or any
form of consideration? If yes, please describe.
17-Do you maintain a blanket insurance policy to protect your properties when customer policies
have expired? Yes or No?
18-Please send to me copies of all forced-placed insurance policies that have been ordered on my
property from the inception of this account to the present date.
In regards to Servicing:
For each of the following questions listed below, please provide me with a detailed explanation
in writing that answers each question. In addition, I need the following answers to questions
concerning the servicing of this account from its inception to the present date.
1-Did the originator or previous servicers of this account have any financing agreements or
contracts with your company or an affiliate of your company?
2-Did the originator or previous servicers of this account have any financing agreements or
contracts with your company or an affiliate of your company?
3-Did the originator or previous servicers of this account receive any compensation, fee,
commission, payment, rebate or other financial consideration from your company or 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.
4-Please identify for me where the originals of this entire account file are currently located and
how they are being stored, kept and protected.
5-Where is the original monetary instrument or mortgage I signed located? Please describe its
physical location and anyone holding this note as a custodian or trustee if applicable.
6-Where is the original deed of trust or mortgage and note I signed located? Please describe its
physical location and anyone holding this note as a custodian or trustee if applicable.
7-Since the inception of this account, has there been any assignment of my monetary
instrument/asset to any other party? If the answer is yes, identify the names and addresses of
each and every individual, party, bank, trust or entity that has received such assignments.
8-Since the inception of this account, has there been any assignment of the deed of trust or
mortgage and note to any other party? If the answer is yes, identify the names and addresses of
each and every individual, party, bank, trust or entity that has received such assignments.
9- Since the inception of this account, has there been any sale or assignment of the servicing
rights to this mortgage account to any other party? If the answer is yes, identify the names and
addresses of each and every individual, party, bank, trust or entity that has received such
assignments or sale.
10-Since the inception of this account, have any sub-servicers serviced any portion of this
mortgage account? If the answer is yes, identify the names and addresses of each and every
individual, party, bank, trust or entity that has sub-serviced this mortgage account.
11-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.
12-Has each and every assignment of my asset/monetary instrument been recorded in the county
land records where the property associated with this mortgage account is located?
13-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, identify the name and address of each and every individual, entity, party, bank, trust or
organization or servicers that have been assigned to mortgage servicing rights to this account as
well as the beneficial interest to the payments of principal and interest on this loan.
14-Have there been any investors (as defined by 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 account to the
present date? If yes, identify the name and address of each and every individual, entity,
organization and/or trust.
15-Please identify for me the parties and their addresses to all sales contracts, servicing
agreements, assignments, alonges, transfers, indemnification agreements, recourse agreements
and any agreement related to this account from the inception of this account to the present date.
16-Please provide me with copies of all sales contracts, servicing agreements, assignments,
alonges, transfers, indemnification agreements, recourse agreements and any agreement related
to this account from the inception of this account to the present date.
17-How much was paid for this individual mortgage account by you?
18-If part of a mortgage pool, what was the principal balance used by you to determine payment
for this individual mortgage loan?
19-If part of a mortgage pool, what was the percentage paid by you of the principal balance
above used to determine purchase of this individual mortgage loan?
20-Who did you issue a check or payment to for this mortgage loan?
21-Please provide me with copies of the front and back of the canceled check.
22-Did any investor approve of the foreclosure of my property? Yes or No?
23-Has HUD assigned or transferred foreclosure rights to you as required by 12 USC 3754?
24-Please identify all persons who approved the foreclosure of my property.
Please provide me with the documents I have requested and a detailed answer to each of my
questions within the lawful time frame. Upon receipt of the documents and answers, an exam
and audit will be conducted that may lead to a further document request and answers to questions
under an additional RESPA Qualified Written Request letter.
Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting
and legal records, Dispute of Debt letter are being sent to FTC, HUD, Thrift Supervision, and all
relevant state and federal regulators; and other consumer advocates; and my congressman.
It is my hope that you answer this RESPA request in accordance with law and the questions,
documents and validation of debt to the penny and correct abuses or schemes uncovered and
documented.
Default Provisions under this QUALIFIED WRITTEN REQUEST
_______________________ (Lender’s Name) or any agents, transfers, or assigns omissions of
or agreement by silence of this RESPA REQUEST via certified rebuttal of any and all points
herein this RESPA REQUEST, agrees and consents to including but not limited by any
violations of law and/or immediate terminate/remove any and all right, title and interest (lie ns) in
_______________________ (Your Name) or any property or collateral connected to
_______________________ (Your Name) or account #_______________________ and waives
any and all immunities or defenses in claims and or violations agreed to in this RESPA
REQUEST including but not limited by any and all:
1- _______________________ (Your Name)’s right, by breach of fiduciary responsibility and
fraud and misrepresentation revocation and rescinding any and all power of attorney or
appointment _______________________ (Lender’s Name) may have or may have had in
connection with account #_______________________ and any property and/or real estate
connected with account #_______________________.
2- _______________________ (Your Name)’s right to have any certificated or uncertificated
security re-registered in _______________________ (Your Name)’s, and only
_______________________ (Your Name)’s name.
3- _______________________ (Your Name)’s right of collection via
_______________________ (Lender’s Name)’s liability insurance and/or bond.
4- _______________________ (Your Name)’s entitlement in filing and executing any
instruments, as power of attorney for and by _______________________ (Lender’s Name),
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
_______________________ (Lender’s Name) is located.
5- _______________________ (Your Name)’s right to damages because of
_______________________ (Lender’s Name)’s wrongful registration, breach of intermediary
responsibility with regard to _______________________ (Your Name)’s asset by
_______________________ (Lender’s Name) issuing to _______________________ (Your
Name) a certified check for the original value of _______________________ (Your Name)’s
monetary instrument.
6- _______________________ (Your Name)’s right to have account
#_______________________ completely set off because _______________________ (Lender’s
Name)’s wrongful registration, breach of intermediary responsibility with regard to
_______________________ (Your Name)’s monetary instrument/asset by (Lender’s Name)
sending confirmation of set off of wrongful liability of _______________________ (Your
Name) and issuing a certified check for the difference between the original value of
_______________________ (Your Name)’s monetary instrument/asset and what
_______________________ (Your Name) mistakenly sent to _______________________
(Lender’s Name) as a payment for such wrongful liability.
_______________________ (Lender’s Name) or any transfers, agents or assigns offering a
rebuttal of this RESPA REQUEST must do so in the manner of this RESPA REQUEST in
accordance of 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 the penalty of perjury while
offering direct testimony with the official capacity as appointed agent for
_______________________ (Lender’s Name) in accordance with _______________________
(Lender’s Name)’s Articles of Incorporation, 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 with the
Notary address herein within sixty days. When no verified rebuttal of this RESPA REQUEST is
made in a timely manner, a “Certificate of Non-Response” serves as
_______________________ (Lender’s Name)’s judgment and consent/agreement by means of
silence with any and all claims and/or violations herein-stated in the default provisions or any
other law.
Power of Attorney: When _______________________ (Lender’s Name) fails by not rebutting to
any part of this RESPA REQUEST _______________________ (Lender’s Name) agrees with
the granting unto _______________________ (Your Name)’s unlimited Power of Attorney and
any and all full authorization in signing and endorsing _______________________ (Lender’s
Name)’s name upon any instruments in satisfaction of the obligations of this RESPA
REQUEST/Agreement or any agreement arising from this agreement. Pre-emption of or to any
Bankruptcy proceeding shall not discharge any obligations of this agreement. Consent and
agreement with this Power of Attorney by _______________________ (Lender’s Name) waives
any and all claims of _______________________ (Your Name), and/or defenses and remains in
effect until the satisfaction of all obligations by _______________________ (Lender’s Name)
have been satisfied.
Sincerely,
(Your Signature)
_______________________
Your Name Printed
