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1 To: Loan Servicer Bank ___________________________ Address ____________________ ___________________________ Original Lender / Foreclosing Trustee ___________________________ Address____________________ ___________________________
2 Re: Alleged Loan / REFERENCE number: Alleged Borrower Name(s): Property Address: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 This demand is a "Qualified Written Request" pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) in a pre-suit attempt to mitigate the situation and avoid legal action and litigation in this matter. Under Section 6 of RESPA you are also required to acknowledge this request within 20 business days and must provide the information demanded within 60 business days to avoid assessment of damages. The purpose of this demand affidavit is to inquire about the inaccurate accounting and servicing of my mortgage and my need for understanding and clarification of various charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of my loan from its origination to the present date. This request is also pursuant to Uniform Co mmercial Code 9-210, Request for accounting; request regarding list of collateral or statement of account. The Onus Probandi of Proof of Claim is upon the respondent who may be seeking affirmative relief in the form of actions including but not limited to foreclosure and collection of debt. The Truth In Lending Act (specifically 15 U.S.C. 1641(f)(2) states (in pertinent part): Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation. The servicing lenders response is also required to provide the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower [12 U.S.C. 2605(e)(2)]. This correspondence is a formal written request for you to provide such. To date, the documents and information I have, along with what you have sent me, and the conversations with your service representatives have failed to answer my questions. To independently valid ate my debt, I nee d to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date. Upon receipt of this letter, please refrain f rom reporting any alleged negative credit information to any credit reporting agency, or any further collection activity until you provide evidence in response to each of my requests and provide time for me to respond. Do not rely on records, assurances or indemnity agreements of previous or current servicers or originators. Instead you must conduct a full audit and investigation of the subject account. ALL RESPONSES MUST BE SIGNED BY AN AUTHORIZED CORPORATE REPRESENTATIVE, UNDER OATH, HAVING PERSONAL KNOWLEDGE, RECALL/RECOLLECTION, SWORN COMPETENT TO TESTIFY, WITH ABILITY TO COMMUNICATE RELEVANT INFORMATION, IN THEIR UNLIMITED COMMERCIAL LIABILITY AS TO THE AUTHENTICITY AND ACCURACY OF THE CONTENTS.
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REQUEST FOR ADMISSIONS: (3) Respondent agrees they do NOT currently OWN the referenced note obligation as a True Holder in Due Course, or holder, nor does Respondent have any real, beneficial, or other interest in the Negotiable instrument. (If incorrect state affirmatively by providing the correct spelling of said Holder in Due Course and its address for correspondence.) (4) Respondent agrees they are merely a Servicer, or Debt Collector with no rights of a Holder, or Holder in Due Course. (5) Respondent agrees Maker/Issuer deposited a Promissory Note Negotiable Instrument with Originating Lender. (6) Respondent agrees and accepts as truth Modern Money Mechanics published in 1992 by the FEDERAL RESERVE BANK OF CHICAGO, that states in pertinent part: Any deposit received is new money, regardless of its ultimate source. (page 8) Of course, they [banks] do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do is to accept promissory notes in exchange for credits to the borrowers transaction accounts. (page 6) These receipts, which became known as notes, were acceptable as money since whoever held them could go to the banker and exchange them for metallic money. Checkable liabilities of banks are money. These liabilities are customers accounts (page 3)