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Debt Validation Letter 23 2

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CLIENT’S NAME HERE

CLIENT’S STREET ADDRESS HERE


CLIENT’S CITY & STATE HERE

Lender or Loan Servicer’s Name Here


Address
City, State, Zip

Certified Mail #: ______________________________ Date _____________


SECOND DEBT VALIDATION DEMAND
WARNING - SELF EXECUTING CONTRACT

Re: (Loan # 12345678)


To Whom It May Concern:
Our names are (Client’s Name[s] here). I/We will hereinafter be referred to as “Requestor[s].” I
am in receipt of a presentment from you, or your company dated ENTER DATE HERE (use
the date of your document, bill, demand/acceleration letter, etc.). By said communication you or
your company has made a claim of agency, standing and/or capacity to collect on a debt alleged
owed to you by me. Please, do not construe this as a refusal to pay, but rather, as a request for
your bona fides. I am aware of no obligation that I have to you. Until such time as you have
established proof positive by best evidence that you hold agency, standing, and/or capacity to
collect on a debt owed by me, your authority to collect any alleged debt is, hereby, in dispute.
Pending proper verified validation of said debt, you will cease all collection efforts and insure
that I am in no way harmed by any allegation of debt made by you or your company. Until such
time as the above alleged debt is validated by proper proof upon verified affidavit, any alleged
debt you claim authority to collect shall also be construed to be in dispute.
Be on notice, until said claim is proven up as above requested, you are to cease all collection
activity. In the future, please cease all attempts to contact me by phone. Make all
communications by written letter, fax, or email. Do not call me on my cell phone, my home
phone, and most importantly do not call my work or any of my family, friends or neighbors.
EVIDENCE OF CONTRACT

I hereby demand that the lender produce the original contract for my inspection at a time and
place convenient to both you and myself. Please notify me of a time and place said inspection
may take place. This demand shall be construed to include demand for:
1. inspection of the original contract upon which the above referenced presentment is based;
2. a complete listing of all assignment of said document and complete contact information
for all persons or entities who now hold or who have ever held a beneficial interest in
said document;
3. any and all allonges or other endorsements to said document.
STANDING TO ENFORCE CONTRACT

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In order to establish that the current servicer of the above account has standing to raise any issue
concerning collection under the above referenced account, requester demands the following:
Access to, for inspection or copying, the original security instrument upon which the above
referenced presentation is based to include:
A. a verified affidavit stating the number of originals created at the time of consummation of
the note or thereafter;
B. the current holder of each said original;
C. the full name, address, and current contact information for each holder referenced above.
For each original referenced above, you will provide access to, for inspection or copying, the
original therein referenced which shall contain:
A. the date and signature of debtor;
B. the promise to pay the amount claimed in the account;
C. all direct endorsements added to said instrument after creation by borrower;
D. any allonges which may be associated with said security instrument;
E. the complete name, and current contact information for any person or entity who is now
holding or who has ever held beneficial interest in the above referenced instrument;
F. a complete listing of all assignments of said document and complete contact information
for all persons or entities who have ever been assigned any legal or equitable interest in
the instrument.
For the account upon which the above presentment is based, please identify the master record
holder of said account file.
To the degree not responded to above, please identify, by name and current contact information,
each and every person or entity who has received a financial benefit from the monies paid by
debtor related to the instant account, to include, but not limited to the following:
every individual, entity, party, bank, trust organization or servicer that has been assigned the
mortgage servicing rights to this account ;
every person or entity who is currently receiving or who has ever received a beneficial interest
from the payments of principal and interest on this loan;
all investors [as defined in the lender 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;
current contact information for any and all 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;
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.
If part of a mortgage pool, please provide:

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the principal balance used by lender to determine payment for this individual mortgage loan;
the date the above referenced instrument was assigned to the above pool;
all parties or entities holding a beneficial interest in said pool;
the percentage paid by lender of the principal balance used to determine purchase of this
individual mortgage loan.
Please identify the person or entity to which the current real party in interest issued a check or
payment for the purchase of this mortgage loan.
Please provide copies of the front and back of the canceled check(s) used to purchase the security
from any real party in interest by the entity now claiming to stand as the current real party in
interest.
If the entity now purporting to hold a claim against the property alleges to be an agent for the
real party in interest, please provide the name and contact information for the real party in
interest.
Please identify, to include current contact information for every person with authority to act in
the place of the real party in interest concerning this account.
For each of the above, please verify that the contact information herein requested is current and
accurate.
TRUSTEE

In as much as a trustee has been appointed to act as a neutral party in matters concerning the
instant contractual arrangement, in order that requester may determine the status of said trustee,
please provide the following:
A copy of any documentation evidencing any trust relationship regarding the Mortgage/Deed of
Trust and any Note in this matter, to include, but not limited to;
a copy of all document(s) establishing any Trustee of record for the Mortgage/Deed of Trust and
any Note;
current contact information for said Trustee.
Please advise debtor of any relationship between trustee and lender.
If any trustee is an attorney, please include:
contact information;
evidence of good standing with the bar association of every state in which the attorney claims to
be authorized to practice law, and/or do business; and
the license to practice law for those states that require such license.
Please provide any and all assignments, transfers, nominees, or any substitute trustee(s).
Please send to the requester a copy of document(s) establishing any Grantor for this
Mortgage/Deed of Trust and any associated Note.
Please send to the requester a copy of document(s) establishing any Grantee for this
Mortgage/Deed of Trust and any associated Note.

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Please send to the requester a copy of document(s) establishing any Beneficiary for this
Mortgage/Deed of Trust and any associated Note.
Please send to the requester documentation evidencing precisely what type of trust the Mortgage
or Deed of Trust is intended to establish.
COMPLETE ACCOUNTING

In order that requester may accurately assess the propriety of all funds demanded by creditor,
please provide requester with the following: (In the interest of avoiding redundancy, for any item already
requested and provided above, please simply reference the request and response made.)
the method of storage for each record;
the name or designation of each record kept;
the scope and substantive content of each record kept;
the most efficient method of making each record available for inspection if other than printed
format;
all data, information, notations, text, figures and information contained in lender mortgage
servicing and accounting computer systems including, but not limited to, Alltel or Fidelity CP
Requester system, or any other similar mortgage servicing software used by lender, any
servicers, or sub-servicers of this mortgage account from the inception of this account to the date
written above.
Descriptions and legends of all Codes used in lender mortgage servicing and accounting system.
All assignments, transfers, allonges, or other documents evidencing a transfer, sale or assignment
of this mortgage, deed of trust, monetary instrument or other document that secures payment by
debtor to this obligation in this account from the inception of this account to the present date
including, but not limited to, any such assignments on MERS.
All records, electronic or otherwise, of assignments of this mortgage, monetary instrument, or
servicing rights to this mortgage including any such assignments on Mortgage Electronic
Registration Service (MERS).
All deeds in lieu, modifications to this mortgage, monetary instruments or deed(s) of trust from
the inception of this account to the present date.
The front and back of each and every security instrument to include, but not limited to, 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.
All escrow analyses conducted by lender or any regulatory agency on this account from the
inception of this account until the date of this letter.
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 disclosure statement(s) 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, broker fees, etc.

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Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and
written evidence of payments made on the instant account.
All letters, statements and documents sent by agents, attorneys, or representatives of creditor.
All letters, statements and documents contained in this account file or imaged by lender and any
servicers or sub-servicers of this mortgage from the inception of this account to present date.
All electronic transfers, assignments, sales of the note/asset, mortgage, deed of trust or other
security instrument.
Any IRS 1099a forms filed relating to the account.
In the event that lender considers any of the above requests to be burdensome or overbroad,
please provide explanations and suggestions that will allow debtor to narrow the scope of the
instant request so as to avoid unnecessary inconvenience in compliance with the disclosure
provisions of all relevant disclosure requirements.
ACCOUNTING & SERVICING SYSTEMS

In order that requester may determine that the lender has implemented and maintained an
accounting system sufficient to insure against mistake or error, please provide the following:
The standing policy of the lender concerning the practices and procedures to be used by its
brokers, loan officers, and other employees to ensure good faith and fair dealings with the public.
A list of all persons terminated from the lender’s employment as a result of work-related
misconduct, for a period beginning on the date the instant account was created and ending on the
date of this request. (In the interest of protecting the privacy of the individuals involved, you
may identify the individuals by first name and middle initial only.)
A complete explanation of the audit procedures in place to insure against violations of standing
law and company policies.
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.
Please identify each account, accounting, and servicing system used by lender and by any sub-
servicers or previous servicers from the inception of this account to the present date so that I and
others can decipher the data provided.
For each account, accounting, and servicing system identified by lender and by 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 lender and by 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.

REQUEST FOR INITIAL DISCLOSURES PAGE 5 OF 10


ESCROW

Please provide the following concerning any and all escrow accounts which may be related to the
instant account:
Complete escrow instructions;
Please stipulate the manner in which the amount required to be kept in escrow is calculated.
A complete, plain language explanation of each disbursement to include:
to whom the disbursement was made;
the date of the disbursement;
the reason for said disbursement.
SUSPENSE/UNAPPLIED ACCOUNTS

For purposes of this section, please treat the term ‘suspense account’ and ‘unapplied account’ as
one and the same:
Please list any suspense or unapplied account transactions on this account from the inception of
this account until present date.
Please explain the reason for each and every suspense transaction that occurred on this account.
PROPERTY INSPECTIONS

For purposes of this section, the terms ‘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. Please provide the following:
Please detail and list 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 present date.
Please identify in writing the provision, paragraph, section or sentence of any note, mortgage,
deed of trust or any agreement requester signed that authorized the assessment or collection of
property inspection fees.
Please forward to me copies of all property inspections made on the instant property referenced
by the above account number.
Please disclose any fee charged or assessed for property inspections which has been placed into
escrow for the instant account.
BPO FEES

Please disclose any BPO’s [Broker Price Opinions] conducted on the instant property for which a
fee was charged to debtor, along with:
the date of each inspection;
the price of each;
the name and contact information of the person who conducted each BPO;

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why the BPO’s were conducted;
any and all fees charged or assessed for a BPO placed into escrow.
Please specify the lender policy on BPO’s.
Please state specifically which clause, paragraph or sentence in the note, mortgage or deed of
trust or any agreement which requester has executed which allows lender to assess, charge or
collect a BPO fee from requester.
FORCED-PLACED INSURANCE

For each and every forced-placed insurance policy placed on the instant property, please provide
the following:
the date of each policy ordered or placed on the property that is the secured interest for this
mortgage, deed or note;
the price of each policy;
the agent for each policy;
why each policy was placed on the instant property;
lender policy on forced-placed insurance;
records of any forced-placed insurance fees assessed to this mortgage or escrow account;
for each separate fee, specifically which clause, paragraph and sentence in the note, mortgage or
deed of trust or any agreement requester has executed which allows lender to assess, charge or
collect such forced-placed insurance fee;
the nature of any relationship with the agent or agency that placed any policies on the instant
property;
the nature of any relationship between the carrier that issued any policies on the instant property
and the lender;
for any policy where the beneficiary is not the borrower, please stipulate the authority to force-
place said policy;
the name of the agency or carrier which lender used to place a forced-placed insurance policy on
the instant property to include a description of any service, computer system, discount on
policies, commissions, rebates or any form of consideration provided to lender;
any blanket insurance policy to protect lender properties when customer policies have expired;
copies of all forced-placed insurance policies that have been ordered on the instant property.
INDEMNITY POLICIES

Please list each and every insurance policy or indemnity policy of any kind secured by any party
concerning the property which is alleged to be the collateral for the above alleged debt to
include:
The party purchasing said insurance or indemnity whatever kind;
the entity issuing the insurance policy or indemnity whatever kind;

REQUEST FOR INITIAL DISCLOSURES PAGE 7 OF 10


the beneficiary of any such policy or indemnity of whatever kind.
VERIFICATION

Please validate this debt with an affirmed and verified certification of the following:
that all persons or entities with beneficial interest have been identified;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that all fees claimed or collected in connection with the above referenced contract establishing
the instant debt are fair, reasonable, and in keeping with all laws, rules and regulations relevant
to same;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
are accurate in accordance with the terms of said contract and the now existing law;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that all fees assessed are fees for actual service performed;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that no Rodash type fees were assessed without full disclosure and explanation to borrower;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that no fees were paid for referrals, or up-selling, to any person not authorized to receive such
payments;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that all notifications and explanations required by law were properly and timely made to debtor;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that the appraisal used by the lender is a true and accurate appraisal and has not been
manipulated in any way;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that no improper practices were used to manipulate the accounting in order to falsely present the
borrower as qualified for a loan that was beyond the borrower’s means to repay;
Affirmed ______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that all monies collected from borrower have been properly and timely posted to the account of
borrower;
Affirmed _______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that all persons with a fiduciary duty to borrower have acted with the highest of integrity and in
good faith and fair dealings with borrower;
Affirmed _______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)
that the borrower was not subjected to any improper practices or pressures by either the broker or
representative of the lender that would violate any of the consumer protection laws.
Affirmed _______ (If not affirmed in the positive the answer is admitted and agreed to be “No”.)

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CAVEAT –
Notice is hereby given that Title 15 U.S.C sec.1692 establishes fair debt collection practices, sub-
section (e) of said statute establishes "false or misleading representation", "misleading representations"
include the false representation of the "charter" or legal status of any debt. It also makes the threat to
take "any action" that can not legally be taken as a "defective practice" I feel it is my obligation now to
remind you that you are already in "default" and have acted in bad faith and with now "unclean hands".
You have 30 days from receipt of this letter, to respond on a point by point basis under the penalties of
perjury. Your failure to respond may be subject to estoppel from proceeding in this matter. If you need
more time with which to respond, contact me with good cause at the above listed mailing location within
the allotted time and an extension may be granted.

NOTICE OF ADMINISTRATIVE REMEDY


OPPORTUNITY TO EXHAUST
NOTICE OF HONORABLE INTENTIONS

This presentment comprises an administrative remedy. It is presented with peaceful


intentions expressly for your benefit to provide you with due process and a good faith
opportunity to state a claim.
NO PORTION OF THIS PRESENTMENT IS INTENDED TO HARASS,
INTIMIDATE, OFFEND, CONSPIRE, BLACKMAIL, COERCE, OR CAUSE
ANXIETY, ALARM OR DISTRESS. ANY AFFIRMATION CONTRARY TO
THIS VERIFIED STATEMENT WILL COMPRISE A CONFESSION OF
FRAUD UPON THE COURT.
It is the presenter’s express intention to provide an honorable settlement, satisfy all verified
claims to complete satisfaction, close all accounts, and make all parties whole.

ADMINISTRATIVE REMEDY PROCEDURE – PLEASE READ CAREFULLY


1. As an operation of law, claimants are required to exhaust their administrative
remedy. Failure to so exhaust will be certified a default and admission that no
claim exists.
2. As with any administrative process, you may controvert the statements and
claims herein by executing a verified response point-by-point in sworn affidavit
form with evidence in support, and delivering same to by Deadline at the address
as exactly shown herein.
3. You may admit to all statements and claims herein by simply remaining silent.
As an operation of law, failure to respond point-by-point with necessary
exhibitions noted in above paragraphs comprises agreement with all terms,
provisions, statements and claims herein.

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4. “Deadline” is defined as 5:00 PM on the thirtieth (30 th) day after the postmark of
this notice.
5. “Failure to respond” is defined as a blanket denial, unsupported denial,
inapposite denials such as “not applicable” or equivalent, statements of counsel
and other declarations by third parties lacking first-hand knowledge of the facts,
and/or responses lacking verification, all such responses being legally insufficient
to controvert the verified statements herein and herewith.
6. Failure to respond can result in your acceptance of personal liability external to
qualified immunity.
7. Completion of the process will result in administrative judgment certifying that
the presenter has exhausted his administrative remedy, and will comprise your
agreement to an estoppel of all further action pursuant to the said settlement.

DEBTOR DISPUTES ALL DEBT

Please provide the above in a timely manner; requester considers the need for the above to be
urgent. In the event any deletions or redactions to any records occur, please provide the scope
and substantive content of the records omitted from this request and the specific authority for the
withholding of the requested information.
Until such time as the information requested herein is provided, requester disputes the validity of
lender’s lawful ownership, funding, entitlement, or right the current debt collector alleges. By
debt, requester is referring to the principal balance which debt collector claims requester owes,
the calculated monthly payment, calculated escrow payment and any fees claimed to be owed by
lender or any trust or entity for which lender may service or subservice.

PLEASE BE ADVISED

Your failure to satisfy this request within 30 days will be construed as your absolute waiver of
any and all claims against me, and your tacit agreement that in fact no debt exists and to
compensate me for costs and attorney fees. Again, I/We am/are demanding proof that you won
and/or hold my Original Promissory Note, and I/We demand to personally view it immediately.

Respectfully,

__________________
Client’s Name Here

REQUEST FOR INITIAL DISCLOSURES PAGE 10 OF 10

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