Sunday, March 04, 2007

Riddle: Answer


Jack be nimble Jack be quick
They converted your promissory note
Boy was that slick


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son of a prophet said...

"Riddle: Who Am I"
5 Comments -Show Original Post
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son of a prophet said...
federal reserve not

promissory note

football player who once told the owner during contract negotiations:

"...everytime I say its a game, you tell me its a business; everytime I say its a business, you tell me its a game."

6:55 PM

i got it right. what is the prize???


dinner @ tcop's house!

rosted crow.


Yetter said...

"There is absoltely nothing to said for goverment by a plutocracy, for goverment by men very powerful in certain lines and gifted with a money touch, but with ideals which in their esence are merely those of so many glorified pawn brokers." Theodore Roosevelt.

notarial dissent said...

Moogey, it just keeps coming to mind, are you on crack, or are you really just this incredibly stupid and dishonest??

You, or whoever wrote this piece of tripe is seriously delusional. There is no circumstance under which anyone would ever be required to answer a piece of garbage like this, and even supposing that they were stupid enough to do so it would have no standing in a court for the way it is written and worded. This is nothing more or less than a variation of the old “Have you stopped beating your wife” question which is not allowable in court.

The reason why borrowers, and particularly the ones who fell into the Dorean trap, have such little luck is that they have no case to stand on. You have to actually have some real cause of action, not bad fiction as promoted by an already once convicted stock con artist.

You cannot demand someone do something and that if they don’t then claim that you are free to do whatever you want, that is the same crock Dorean tried and lost on in Federal court. So this silly document has less than no value either factual or probative.

Most of the questions cannot even be answered since they imply two mutually exclusive events at the same time. In other words, more gibberish.

Neither the UCC nor the SEC have any legal interest in what happens with a promissory note issued in a real estate transaction, and promissory notes are not considered securities by the SEC.

The quotes back to the UCC while of value in certain venues, have none here, the UCC is not valid within real estate transactions and says so very plainly within its establishing acts, so all questions regarding it are meaningless in this context. And since most of it is misstated, it is even more meaningless.

The LEGAL NOTICE drivel at the end of this so called legal tome is even more amusing since it has absolutely nothing to do with real estate transactions, and since most if not all real estate actions must take place under state law this is even more ridiculous, even in light of what has gone on before it.

So once again Moogie, more fiction after the first round failed and failed miserably.

mogel said...

Notarial Dissent said: "Most of the questions cannot even be answered"

Too hard for you I guess to be honest or attempt to be. After a statement like that, no response is necessary to you tripe. Spoken like a true banker or protector of the banksters.

What an idiot, can't even answer yes or no to a simple question of many simple questions.

I think you're the one on crack!!! Course maybe your wife needs to beat you to get you to answer a simple question. Since you brought it up, have you STOPPED beating your wife?

mogel said...

Duffis said: "and even supposing that they were stupid enough to do so it would have no standing in a court for the way it is written and worded."

I object your honor, I can't answer that question on the grounds that I have been discovered and found out. By answering that question, it makes me look like a thief and a fool and a liar. I also object the way the question is worded, it is far too clever and exceeds my intelligence to answer, without making me a fool, so if it pleases the court, I will stand on my right to be silent, because even a fool is revered when he keeps his mouth shut.

mogel said...

Notarial Dissent says: "You have to actually have some real cause of action,"

Is misrepresentation, lack of full disclosure of material facts, NOT A REAL CAUSE OF ACTION when you are talking about the validity of an agreement between borrower and lender, and who really is the borrower and who really is the lender?

Is fraud not a real cause of action when the lender alters the promissory note & doesn't give you what he originally represented?

mogel said...

Duffus said: "Most of the questions cannot even be answered since they imply two mutually exclusive events at the same time."

You mean....kind of like true or false being mutually exclusive events at the same time. LOL

Or do you mean, kind of like the nature of the promissory note, the answer to Kurt's riddle, that is this mutually exclusive thing happening at the same time, so it can't be understood or defined as to it's true nature?

mogel said...

Liar said: "Neither the UCC nor the SEC have any legal interest in what happens with a promissory note issued in a real estate transaction, and promissory notes are not considered securities by the SEC."

Now, there's a person that needs to listen to the Dorean DVD's & listen to the research done by Mr. Benham. There couldn't be a more wrong statement. I'm convinced you're the one on crack after saying that.

Course, you're from the old school where you believe if you tell a lie long enough, the public will believe and accept it without question.

mogel said...

Notorious Liar said: "the UCC is not valid within real estate transactions"

Since when is receiving a loan characterized as a real estate transaction? Aren't promissory notes, personal property, & not real property? That's what we're talking about. When is stealing personal property and doing it under the guise of deception, without paying for it, ever condoned in any sections of the law?

mogel said...

Notarial Dissent said: "Most of the questions cannot even be answered since they imply two mutually exclusive events at the same time. In other words, more gibberish."

Here are two scenarios to be answered, can you spot the gibberish? If you can, you are smarter than Notarial Dissent.

The Lender understands the Loan agreement.
If no answer provided, the answer is: "Admit".
Admit:_____ Deny:_____ Comment:

If God is all powerful, he can do anything, however, if he can do anything, he can

(a) Make a rock so heavy he can't lift it,

(b) He really isn't all powerful, if he can do anything.

(c) If he made a rock that heavy, he would cease to be God.

(d) This question can't be answered because it involves two mutually exlusive events happening at the same time.

mogel said...

You know, they say that bad luck comes in threes. First it was the news that Nemo declared bankruptcy, as if the news last year that Western Union would no longer be sending out anymore telegrams wasn't shocking enough because, well, people just weren't all that interested in doing it anymore, with modern technology of emails, the cell phone, the fax, etc.

And secondly, to think that the news that the "Fruit Inspector" was no longer interested in judging fruit anymore, and quoting the same scripture over and over and over and over and over again, even though "her God told her as long as there were fantatics pretending to dictate God's word out there, pretending to be his prophets of truth, she would be here on this blog to lead the blind away from the false prophets". Course I can't be for certain, but I think her god died, or maybe it's just a vicious rumor.

Thirdly, now today, the most shocking and saddest news of all was reported to me today in an email. Who would have "thunk it"? :o(

Hello mogel007,

Due to ongoing technical problems with the REI Resource forum, coupled with general lack of activity, the forum will most likely close down in April, unless RENEWED INTEREST makes the technical struggle worthwhile.

Thank you.

The REI Resource Team

Now I know why "Notarial Dissent" is spending more time on this blog recently; the news must have been hard on him too, now that he may lose his friendly outlet completely too to express himself. It all makes sense to me now.

I guess the idea of acquiring real estate by "adverse possesesion" wasn't all that profitable to sell or people just weren't interested enough in this creative real estate idea.

Nemo, here's my 2 cents: instead of being "mad as hell" about all of these other real estate promoters selling overpriced books & seminars, maybe it's time to learn a simple lesson & finally
charge a little more for your products, even if it only serves to bring the APPEARANCE of providing a valuable service. Just a thought.

It may help you to avoid a 2nd bankruptcy. Course maybe you'll learn a REAL TRADE soon is my greatest hope for you!!!! Maybe all of these events are just a blessing in disguise. Course it's never as bad as it appears to be. Oh well, I hear McDonalds is hiring. Maybe you can become a "door greeter" at Walmart? Or maybe you can "be all that you can be," & join the Army? Then you can be totally owned by the US government. I hear they will pay for your education!!!!!

In the beginning, it was the alleged belief of an injured reputation which was enough to threaten a suit against the Property Sites Forum owner and these threats were enough to bring down the discussion of mortgage elimination on that site FOREVER.

Now in the end, it will be written that "lack of interest" brought down the great Neodemesne and his site.

The Lord truly does work in mysterious ways.

I've noticed Nemo hasn't attended this forum recently and hasn't graced us with his comments. Maybe he's sending out job applications & is too busy in those pursuits? We all wish you the best Nemo.

mogel said...

It kind of gives no meaning to the phrase, "scroll on past". LOL

near the end said...

N.D and Nemo are not the sharpests knives in the kitchen.

They seriously lake in the Brains department!!!

tcob247 said...


papa_dont_preach said...

Notoriously Disillusioned, you are full of SHIT. Too bad for you and your LYING, MISLEADING, and WILEY statements that some of us Dorean clients actually had banks walk away from the fraudulent loan and contract 2 years ago due to the UCC-1 Lien filing (FACT). Keep spewing your LIES and RHETORIC it only confirms what we already know.

near the end said...

"Lack" not "lake" tcob is not smart enough to figure that out on his own.

mogel said...

Lake? Instead of "lack"...

Yes you "lake in the brains department" means his brain is watered down like a "lake" which shorts out all of the electrical impulse connections and activity happening in the brain which prevents coherent thoughts.

No mistake there. "Near the end", thanks for the profound metaphor!! I enjoyed it and also understood what you were saying. Literary art in it's highest form, I might add.

KYHOOYA said...

notarial dissent said...

Neither the UCC nor the SEC have any legal interest in what happens with a promissory note issued in a real estate transaction, and promissory notes are not considered securities by the SEC.

The quotes back to the UCC while of value in certain venues, have none here, the UCC is not valid within real estate transactions and says so very plainly within its establishing acts,


I have to ask this all though I will more than likly kick my self for doing so but here goes.

Please tell me that what you just said to be the truth about the dealings with the Promisay Note and a Mortgage transaction was'nt said by you the right way and that you ment something else because it sound's like you said that the Note that is changed by way of afixing the word to it "Paid to the order of" then bundeling it and selling it as a MORTGAGE BACKED SEC but yet it is not governed by the UCC as any other SEC would be. if this is what you ment and said correctly then let me ask this
What exactly is the power of or code that this transacton falls under being one as I have discribed below one might hope that this is'nt some rouge embodment made up of Banker's lenders brokers title and escrow agents all working without any kind of law that keep's them in check . and in so thinking that not the case one would have to come to the mind set that the court's are not left to make up the power of recourse in a dispute of nature that would involve the mortgage or realastate loan witch intailed the Securing of a Promise to pay backed by collateral of REAL property right?

I mean it would be insane to think that the power of the biggest transaction and ones tha have a huge impact on our economy would be left up in the air or worse to have the court with judges that could be swaied faster than any and most public lawmaker are today by bankers with deep pockets at the ready. That would truly be putting the fox in charge of the henhouse now would'nt it?

The Note is changed iinto a sec backed by a REal Propertiy and a promise that someone will pay it or the real property will be taken seems like a SECURITY to me there for what by your mind is the powerr of law in this transaction?

plaese a little help with understanding this would be needed here.

Just so were clear what it is that was said and what I asking for.
You said that:

notarial dissent said...

Neither the UCC nor the SEC have any legal interest in what happens with a promissory note issued in a real estate transaction, and promissory notes are not considered securities by the SEC.

The quotes back to the UCC while of value in certain venues, have none here, the UCC is not valid within real estate transactions and says so very plainly within its establishing acts,

near the end said...

notarial dissent, Is not the brightest bulb in the house.

Please don't post N.D. unless you know what you are talking about!!!!!!

You look like a FOOL!!!!!

KYHOOYA said...

let me ask this of all you bank suporting people on here and in the process maybe some hwo don't know might find a few fact out to

1. why is it that the mortgage brokers do all they can to hide the money they cahrge and make in total from a loan they process for you?

why : because they are ripping you off and if they showed all of the money they were making and where it was coming from (as in who paid it to them and who is going to pay for it) they whould be seen for the crooks they are
Fact: they hide there fee's by using code 's so you will not be abkle to understand it and this is for what? other than to keep you in the dark as to how much it costr you for the loan an they do this with the bankers help and blessing.

Fact 2 : understanding one thing that all of the money that is made by a loan is at your cost nothing is ever at cost to the lender YOU PAY FOR EVERY COST IN THE LOAN TRANSACTION WEATHER YOU ARE TOLD THAT OR NOT THAT'S IT JUST THE FACTS OF HOW IT WORKS

fACT 3 : WHEN YOU ARE TOLD THE YOU ARE A HIGHER RISK THAN OTHERS DUE TO YOU SCORE IT IS AKLL DONE SO TO make up a way to charge you more money why would it be anything else than that

look at it if you go to the bank and ask for a loan you pay a higher amount of interesst than you will if you go through a broker and if you ask for a loan and you have a low score (let say you have a bit of bad luck and got injuried andf could'nt work for a bitor something that caused you to mess up on payment that brought you score down)
so you with low score and lets say anther person with a higher score both walk in to get the same loan what happen is that you will pay more due to your low score and this is with the understanding that you are a higher risk because of that score .

Well that ake alot of real goood thinking if your in the business of ripping people off works out great for the banks who charge you alot of up front cost and interest sothey can make the most from you befor e forcing you to lose your house whitch by that point they have made all they think your worth and are ready to get some new blood in the property and start the whole thing all over again.

You have to understand that your mom dad or aunt and uncle got there loan at a different time when this whole lending scam was just a baby they may have or not seen the banks for what they were and what they were doing but they did know one thing they saw no matter what hard time or not the bank would take that home if they did'nt pay their payment on time even if they had paid on it for 28 years the bank whould still take it so they made every effort to pay that mortgage off .

but you see the big picture is if you can some how get your head around this point of banking .

The house you live in maybe owned by you or rented and owned by someone other that you it makes know different to the bank because that house is just a number on a grat big map of this country and all of the land in it (you understand better that you don't ownyour land the home sits on you own the house the land stay's that of the city or county or staten and the end to that is the Gov't but you won the house . If you don't think what I said id true than if you do own where you live then look at your TAX bill and on it in some wording that is like this it will have a brakdown of the taxes on your land and on you improvment to that land .

so yo have the land value $77777
and then you have the Improvment on that land or to it $88888 these two different line items are put on the bill that way as in different areas of or item to
the land is one that is owned and rented by you from the city or what ever your call where you live town ect.

Land:= rent you pay for the use of it to the city ass long as you are on it you will pay that amout or greater but in the most part it is based on a 1% of value and willlnot change as long as you own eevn if you get a larger loan the tax dose not change for most around here it is based on the purches prce that you paid when you first bought it no matter the how many times you may refi the loan so +- to that is the city makes more from you if the price you pay for you home is more in the today pricing index as aposs to if you had bought it a long time ago.Right you with me on this

tax on the land based on the amopunt you paid for your house when you bought it first the more you pay for the house the more the city get's from you by way of taxes ( ie: rent on the land you house sit's and usees for as long as you are there)

now the other part of that tax bill that said improvements now this is your house part of the tax bill and it caould be looked at as some sort of a personal property tax or lux tax kinda thing but it has an amount that is alot smaller than the land amout or the other way around I dont hav it in front of me right now but thei is also taxed on the ame 1% as the land i just went over right your with me here on this right ?

couse you should be asking your self why would there need to be a dierence between the two if there going to charge the same % for both.. ? Good question why would they need to make these two different line itewms on your tax bill if it's the same amout of tax that is charged ..

The resone is because they need to keep them apart because you own only the house or improvment's and the own the land that way if lets say you want to move your house some where else you have the right to do that its your but if you what to do something to it welllit's on therir land you will have to ask them to be able to do it and go through their system and get checked by their inspector when you do something and more and more dence areas are becoming more like living where you are part of an asso. and pay dues and they tell you what you can and can not do like what color to paint you house if you weed are to tall or if one of your neibors don't like what your doing they have a way to complain and have you made to follow the line of the asso. law this what the building dept . has become it most areas the can tell you that you need to put a new roof on your home because it is there chose and they think you need to because it looks like it or bad . you have no real recourse to stop this from happening and if you don't cut those weed or put that new roof on and in short order they will fine you and then have the wpork done and charge you if you don'tpay them they will put a lien on your ??? guesss what ?/ right house not the land but the house portion and you wiill see that if that ever happpens to you on you tax bill but you all ways have a chose you can unbolt that house and move to some other land that will more than likly have the same rules that govern the taxes and so ther you have it that is the brake down of your home and why it is that you only own it and the land is not your as many may think other wise and have be told that and at one point that was the case you owned you home and land it was called and in some areas there are what is called un incorperated areas of land and these are still owned land and home or inprovrment by the person living on them you might have some areas in and around you lik ethat I do and my city is not small so who know check the records at tteh county and see these are the last land areas where someone realy owns the land there homes sits on.

Now you mat ask what in the hell dose that have to do with the brokers and bankers and their crooked ways of doing thing ... well I'll tell you in breif cuz my fimger is tied and all for now it work it to the picture of the big map I told you about where the bankers look at you and your loan as just a spot wher eit is either making them the most money for m you pr whom ever is on that spot at the time so it should make more real sence to you when you look at aloan likethis with that in mind

If you have a loan on a home the bank wants tio make as much as it can from you well you have it so and thing and everything is made up in a way that it will cost you the most and willl only get more and more in till a time that it is shown that you have no more to give (this is done through higher rate because of score or the many other ways they have to charge you unjust and unfair fees that they do and not just in that loan you get it from you credit card and everything tied to bamks her if you look at this why is it the banks charge you all of these out ragouse fee's when you are in hard time or look like you have no money they give you loans with higher rate s knowing that it will make you defalt but not before they grab all they can from yopu in the way of late fees oL fees hoght rates points because of bad credit

when all of this is the exact opposit of the kinda things that would help you when your down on your luck

now they lik eto call it things like well we need to make back the monety we lose when some one defaults on the loans or credit cards and the cost fopr all tha crap B>S. the make planety to cover that and then some with just everyday scams they have they do all they can to keeop you in the dark about how all of this work when it comes to lender because if you new how it workd you wooulkd be pist and whould'nt doit i would hope you would'nt anyway.

they make all they can from you and when there done you are worthless to them and they discard you and get ready for the next person who will fill that spot on the map of numbers now that you done they get to start all over agin the new person will be p[paying more for hye purches of that house and ther eby pay more th the city for taxes on that to ubderstandit look at this

if you had a houseyou got for 100K and you wer paying your taxes they woulld be somewhere around 1500. for the year based on 1.5% thats other .5 % is the real money that thing in the city cost the rest iis just buffer cuz or look at witch ebver way you want iy maybe it 1% and the .5 is the overage but the point is that they making more from someone who buys it and paid 200K fro purchers than if they kep you there paying on that prices of 1% on 100K make sence to you I hope so

so all the way down the line if you ar eworking and making money that they can get out of yopu or youy jhave something in that way thatgive you money they will have many things as you go along to get that money from you fair or not and they do this right in front of you and try and hide it when needed with wording or thing you won't understand like in the arrears as far as payments on your loan witch simply means your payment made this month on the 1st is paying the last months interest and on your loan not the current month you in. Boy I can not tell you out of the 16 CSReps i had delt with about a wrongamount on my statement for my loan all of then tries to dazzel me and gett me toi go away by using that word arrears hoping I did'nt know what it ment as most and there by neing to ashamed to continuie ..Wrong on there part I didd know what it mant and so the 16 difrednt CSreps and a sluew of lies that brought me to the head lawyer and all it was biggst amount of that kinda of b.s. I had seen in a long time as if they were trained to do so each and everyone of them . makes you think why would abank want to have their custiomer service reps be acting and making customer s go away.. think because if the put you off by puting you on hoold for ever and you give up they get to keep that money you werejust about to complain about and have reembursesd you get it your not calling to give them money and they know thios your calling cuse something has cost you and you want it back it mightbe they put charges on there as in knowing hey were'nt right but playing the stacked odd's that they will get it in thge long run when you tier of all the B.S hoop thell mak eyou jump only to loss you when they transfer you to theatother deptment that handels that kinda of what ever it is you calling about because it not them that do that . yea right o.k. I'll but that that's it for now I hope this sheds some like or makes you more mixed up then ever at least soemchange would have taken place whith regard to banking rig

their crooks that it there is know other word for hem and the thing once seen that tey do or have done by wahy of normalace in the public ,./.

I knbow bad spelling and grammer but I'm real tierd to night so heey sue me how about that.

if you have and questions or comments post them I would love for some one too show me wrong ion theses point but I don't think I am for the most part about this

mogel said...

Sample Combined "Violations Notification and Qualified Written Request" Letter

This letter has been edited to protect the clients name and certain proprietary information that is used by the author.

This letter notifies the Lender that they are in violation of several provisions of Consumer Protection Act and the Real-Estate Procedures Settlement Act and, puts them "on notice"

"As a result of Lender’s aforesaid violations, Lender is liable to Borrower in an amount not less than $200.00 and up to $2,000.00 for each and every violation and clear title to property with fixtures in fee simple as a result of the aforementioned all with damages. The credit transaction is also rescindable."

In this case there are 31 violations which means the amount of violations fines that may be available to the homeowner would be $62,000.00

Please read on.......

Example Violations Letter:

LOAN NUMBER: xxxxxxxxx

To: Homecomings Financial

P. O. Box 78426

Phoenix, AZ 85062-8426

Re: (street address)

Chester, IL 62233

Dear Sir or Madam,

After seeking advice of council, it has come to my attention that you are in violation of several provisions of the Consumer Protection Act and the Real-estate Procedures Settlement Act all at 15 USC §1601 et seq. and 12 USC §2601 et seq. as more fully set out below.

The year of my loan is June 2, 2003 and is not beyond the statue of limitations thereof.

I received no signed documents at time of closing or within a reasonable amount of time of signing.

Lender failed to give to the Borrowers signed copies (Borrower and Lender) of the complete loan transaction, as required by 15 USC §1601 et seq. within a reasonable amount of time or never during the entire period of the loan agreement.

Loan appears to be an “Alternative Mortgage” as defined by 12 USC §3801, 3802, 3803 et seq. Provide proof, per Borrower’s income and credit history at time of loan origination, that Borrower could only qualify for an “Alternative Mortgage” and that this Loan meets the definition of per above and applicable Federal Regulations governing such loans.

The Lender did not acquire a UCC-1 Lien on the property as required by revised Article 9. The Borrower must sign the UCC-1 papers for the Original Loan and each time the NOTE is sold. The Borrower must sign again for each new assignee.

The Borrower did not sign papers acknowledging receipt of Notice of the UCC-1 Lien.

The disclosures made in relation to the consumer credit transaction were not presented in the manner required by law. The disclosures were not grouped together and were not segregated from everything else as required by Title 12 Code of Federal Regulations, (reference Federal Code/Regulation)

There were no interest disclosures provided as required by ......(reference Federal Code/Regulation)

Lender failed to give to the borrowers the required 3 day cool off period as required by Regulation Z, Part ....(reference Federal Code/Regulation).

There was no Good Faith estimate given as required by 12 Code of Federal Regulation, §226.18©, 12 USC §2601 et seq. and ....

The finance charge, using that term, and a brief description as to the dollar amount the credit will cost the Borrower was not given, as required by .....

Lender failed to disclose the amount of its “finance charge” because no disclosure statements were given, using the term “finance charge”...(reference Federal Code/Regulation)

There was not contained in the loan documents a disclosure of the total sales price....(reference Federal Code/Regulation)

There was no separate disclosure given for the prepayment penalty as required by....(reference Federal Code/Regulation)

The Borrower was not given the option....(reference Federal Code/Regulation)

There was not statements that the consumer should refer to the appropriate contract document and clause for information about nonpayment, default, the right to..... Federal Regulation, §xxx.xx(p).

There was no TIL disclosure given as required by.... Title 12 Code of Federal Regulations §xxx.xx and .........(reference Federal Code/Regulation)

The two required statements under 15 USC §1639(a)(1)(A) and (B) are completely missing.

The required disclosure statements are completely missing under 15 USC §xxx.xx......and Regulation Z, Part xxx.xx et seq.

Lender failed to disclose in or with the disclosure statements, because no disclosure statements were given, the amount of the balance to which the rate was applied and an explanation of how that balance was determined. Lender further failed to disclose the fact that the balance is determined by first deducting all credits and payments made as required by Title.....(reference Federal Code/Regulation)

Lender has failed to use the proper forms, approved by the Federal Reserve Board, as required by Regulation Z, Part 226 et seq. and the forms used do not display OMB numbers.

Lender failed to give all the required sentences in the unsigned loan documents as required by 15 USC §1601 et seq. and Regulation Z, Part 226 et seq.

The Lender failed to disclose to the Borrower that the finance fee, if adjusted to maximum allowed by the Note, would be usury as required by Regulation ......(reference Federal Code/Regulation)

Lender failed to disclose that the margin added to the index exceeded the amount allowed by 15 USC §1602 et seq.

Lender failed to disclose that the detention of any money over the disclosed amount would amount to usury as required by Title 12 Code of Federal Regulations §226 et seq.

There was no NOTICE of the Right to Rescind in the case of usury in the transaction as required by Title 12 Code of Federal Regulations §226.23.

There was no FORM for rescinding the contract in the event of usury as required by Title 12 Code of Federal Regulations §226.23(b)(1).

Lender failed to disclose to the Borrowers that the settlement fees could not be a part of the amount financed as required by Regulation ....

There were no preliminary disclosures given as required by 15 USC §1601 et seq., Regulation .....

Lender has failed to make the disclosures required by 15 USC §1601 et seq. and Title 12 Code of Federal Regulation, §226.18, clearly and conspicuously in writing, in a form that Borrowers could keep as required by 15 USC §1601 et seq. and Title 12 Code of Federal Regulation, .......(reference Federal Code/Regulation)

Have, you the creditor, kept evidence of compliance with Regulation Z and the regulation disclosure requirements for a period of 2 years as required by Title 12 (reference Federal Code/Regulation)

Have, you the creditor, provided all required disclosures to Borrower when the note was sold, assigned or servicing transferred as required by Regulation Z.

As a proximate result of the foregoing, the Borrower herein has the right to rescind the entire transaction and have the title to such property restored to it’s original condition.

Because of this and other reasons that lead me to believe that I may be a victim of predatory lending. I am disputing the validity of the current debt you claim I owe. By debt I am referring to the principal balance claimed owed, my calculated monthly payment, calculated escrow payment and any fees claimed to be owed by you or any trust or entity you may represent.

To independently validate my debt, I need 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 from reporting any negative credit information [if any] to any credit reporting agency until you respond to each of my requests.

I also request that you kindly conduct your own investigation and audit of my account since it inception to validate the debt you currently claim I owe. I would like you to validate this debt so that it is accurate to the penny!

Please do not rely on previous servicers or originators records, assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account.

I understand the potential abuses by you or a previous servicer could have deceptively, wrongfully, unlawfully and/or illegally:

Increased the amounts of my monthly payments,

Increased the principal I owe,

Increased by escrow payments,

Increased the amounts applied and attributed toward interest on my account,

Decreased the proper amounts applied and attributed toward principal on my account and/or assessed, charged and/or collected fees, expenses and miscellaneous charges I am not legally obligated to pay under my mortgage, note and/or deed of trust.

I want to insure you that I have not been a victim of such predatory practices.

To insure this, I have authorized a thorough review, examination, accounting and audit of my mortgage loan, #xxxxxxxxx, by mortgage auditing and predatory lending experts. This exam and audit will review my mortgage loan file from the date of my initial contact, application and origination to the present date written above.

As such, please treat this letter as a Qualified Written Request (QWR) under the Real Estate Settlement Procedures Act, codified as Title 12 §2605(e)(1)(B)(e) and Regulation X §3500.21(f)(2) of the United States Code as well as a request under Truth In Lending Act [TILA] 15 USC §1601 et seq. RESPA provides substantial penalties and fines for non-compliance or failure to answer my questions provided in the attachment to this letter within sixty (60) days of its receipt.

Please provide me with the documents I am requesting and a detailed answer to each within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to further document request and answers to questions under an additional QWR 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, all relevant state and federal agencies, other consumer advocates and my congressman/senator.

It is my hope that you can answer my questions, validate and document my debt to the penny and correct any abuses or schemes uncovered.

Since this letter and before, you as the Lender, has continued and so continue, to violate Title 15 United States Code, Section 1601 et seq., Regulation Z, Title 12 Code of Federal Regulation, Part 226, 12 USC §2601 et seq., 12 Code of Federal Regulations, part 3500 and 31 USC §1901 which was adopted pursuant to the Consumer Protection Act by failing to properly make disclosures.

As a result of Lender’s aforesaid violations, Lender is liable to Borrower in an amount not less tha$200.00 and up to $2,000.00 for each and every violation and clear title to property with fixtures in fee simple as a result of the aforementioned all with damages. The credit transaction is also rescindable.

Sincerely yours,

Dated the ______, of __________________, 2004


(Homeowner’s Name)

cemnv said...

hey mogel what is the name of the company that can assist you mortgage audits to determine violations