Debt Validation Letter 23 2
Debt Validation Letter 23 2
Debt Validation Letter 23 2
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
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.
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.
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.
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;
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;
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”.)
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