Request for copy of Collateral Deposit Account

drafted by Carl Colllicott, no right reserved

Certified mail # Date

To;

From;
Name
Address
SUBJECT; Request for copy of cash collateral account
Collateral; The primary forms of collateral used for a securities lending transaction are cash, securities, or a standby letter of credit.
If cash is provided as collateral, the lending agent or intermediary (e.g., the custody bank) will typically be responsible for investing
the cash for the term of the loan. Providing cash collateral is the prevalent market practice in the United States.

Common loan documents are promissory notes, note guarantees, financial statements,
collateral agreements, and appraisals. Loan Portfolio Management Comptroller’s Handbook

INTRODUCTION
The presumption created by the business judgment rule can be rebutted only by
affirmative allegations of facts which, if proven, would establish fraud, bad faith,
overreaching or an unreasonable failure to investigate material facts. Please limit any
response to writing.
Subject: Fiduciary Activities of National Banks
Date: March 27, 2008
To: Chief Executive Officers of National Banks, Department and Division Heads, Examining Personnel,
and Other Interested Parties
Description: Annual Reviews of Fiduciary Accounts Pursuant to 12 CFR 9.6 (c)

Appropriate document retention policies and procedures should be in place to ensure that the
bank maintains adequate documentation of each annual investment review. This will provide
evidence of the bank’s review process in the event complaints are lodged against the fiduciary,
or litigation issues arise.
…..”Transaction such as wire transfers, checks, deposits, etc. are disclosed as part of
the normal discovery process”. Cotton v. Private Bank and Trust Co., 235 F. Supp. 2d 809
(N.D. Ill. 2002)

I. ENFORCEMENT ACTION PROCESS

It is my intention to secure prompt aid and assistance from this office and all staff
subject to the Comptroller of the Currency, (O.C.C. hereafter), guidance and
administration,supported by numerous court decisions, or failing that, to exercise my
standing to bring complaint and claim.
There can be no misunderstanding and no continuance of the legal presumptions .The
OCC is best able to address bank operating deficiencies, noncompliance with *laws and
*regulations, and unsafe or unsound practices. Furthermore, accepting in full measure
its responsibility, which is a law, enjoins the performance of a particular object, and
silence can only be equated with fraud where there is a legal or moral duty to speak, or
where an inquiry left unanswered would be intentionally misleading.The following
request does not pertain to a Suspicious Activity Report,the sole exception to
disclosure.
II. Background
I am presently embroiled in litigation, case #_____________, concerning a “foreclosure”
of “private residential real property”, the opposing party
being,______________________. In order to expedite the current situation, short of a
subpoena directed to an agent of your office, the following request based on good faith,
and to insure proper execution of all pertinent laws and regulations concerning the listed
requests, in no particular order; are as follows;
Per stated guidelines and procedures, outlined in the O.C.C. directive concerning
fiduciary responsibility, in the most expeditious manner provide the following;
1. An authentic copy or reproduction of any and all document, whether, in
electronic format, or paper, in regards to the required collateral deposit account,
per Title 12 U.S.C. § 84, lending limits, in your office’s custody.

2. An authentic copy or reproduction of any tabulations, amendments to, or

any device, procedure, in use concerning, encryption, posting, and interpretive
manuals in use.

3. An authentic copy or reproduction of any and all papers, forms, listings, as

applicable, of any party(s), whether in the form of verification, originator, co-signer,
of the collateral deposit account.

Signed under my hand and witnessed.

Your name___________________________________Date

Witness ____________________________________ Date