Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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JM

STOP CREDITOR ABUSEAND PREDATORY LENDERS

January 14, 2008

(MORTGAGE COMPANY ADDRESS HERE)

CERTIFIED, RETURNRECEIPT REQUESTED

Your Name
Creditor Account No.

Dear Sir or Madam:

Please treat this letter as a “qualified written request” under the Real Estate Settlement Procedures Act, codified as Section 2605(e) of Title 12 of the United States Code. The debtor is making this request in order to secure information about the pre and post-petition fees and expenses, and the costs, accounting, escrow procedures, and the application of payments in connection with this loan. Specifically, the debtor is requesting a complete breakdown of the following:

A complete and itemized statement of the loan history from the date of the loan to the date of this letter including, but not limited to, all receipts by way of payment or otherwise and all charges to the loan in whatever form.

A complete and itemized statement of all advances or charges against this loan for any purpose that are not reflected on the loan history transaction statement provided in answer to question # 1.

A complete and itemized statement of the escrow account of the loan, if any, from the date of the loan to the date of this letter, including, but not limited to, any receipts or disbursements with respect to real estate property taxes, fire or hazard insurance, flood insurance, mortgage insurance, credit insurance, or any other insurance product.

A complete and itemized statement from the date of the loan to the date of this letter of any forced-placed insurance and expenses related thereto related in any way to this loan.

A complete and itemized statement from the date of the loan to the date of this letter of any suspense account entries and/or any corporate advance entries related in any way to this loan.

A complete and itemized statement from the date of the loan to the date of this letter of any property inspection charges and/or appraisal charges related in any way to this loan.

A complete and itemized statement from the date of the loan to the date of this letter of any attorney fees and/or other professional fees or charges related in any way to this loan.

A complete and itemized statement of the status of payments upon this loan as of the date of this letter.

A complete and itemized statement of any late charges to this loan from the date of this loan to the date of this letter.

The name and address of the current holder of the Promissory Note evidencing this loan.

The name and address of any Trustee under any pooling or servicing agreement related to this loan.

The name and address of any servicer, sub-servicer, or special servicer with respect to this loan.

A complete and itemized statement from the date of the loan to the date of this letter of any fees incurred to modify, extend, or amend the loan or to defer any payment due under the terms of the loan.

You should also be advised that the debtor herein will seek the recovery of damages, costs, and reasonable legal fees for each failure to comply with items 1 and 13 herein. The debtor also reserve the right to seek statutory damages of $1,000.00 for each violation of any part of Section 2605 of Title 12 of the United States Code.

Sincerely,

http://www.stopcreditor.com/page34/page34.html




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Big Mac

Looks good to me. TY for posting this. ")

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Yep

It is legally comprehensive as well.

the points needed are covered nicely.

Dee
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O -
SRSD might want to check this out. I hope this is on the MSF web site. It should be pinned or something. This is a useful tool.

I was hoping someone would have an idea about the legal part, Thank's Dee
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srsd
I sent 3 and still no response.  I sent certified so I have proof.  I wasn`t sure where to send so I sent to Ameriquest, AMC, and Citi Residential.   Markie helped me get mine in order.(Thanks Markie)
You guys will never know how much I appreciate all the help you have been to everyone....especially me. If you guys wasn`t here to help, I don`t know what I would have done and a lot of other people were probably in the same situation.  I don`t know who started this site but you have my gratitude and much appreciation.  I guess some of the companies were surprised when they found this site and knew there was help for people.
I know this is going to be a long drawn out process but I can sit and wait it out.
I did get some discouraging news this week......Some of the class actions are in "no-man`s land".  Citi Residential did not take on the liabilites of Ameriquest/AMC and Ameriquest went under so I am not sure where the class actions are going to go.
One of the best things that I have found that has come out of all of this mess is the shake-up on wall street and I still don`t see how the government was able to bail some out and do nothing for the common working people.
OUR DAY WILL COME AND WE WILL GET JUSTICE with or without help.
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O -

You are welcome, Sorry to hear you didn't get a reply. Best of Luck!

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 Sorry for the empty space above.                                                                      Sent QWR to Saxon. Our response from them was a payment history with codes we have no clue about. They also said they could not comment on the decisions with NovaStar and their transactions. We sent another one with more info requested. We also sent QWR to Novastar at their MO and KS addresses. (Not sure where they are)
We received our return receipts from all 3 addresses. They enclosed docs ( not all clear and readable.) They said they could not explain their codes to us on pay history (secret?) or give complete pay history as they have only been serivcing the loan since 11/07. My confusion is at the end of all the docs there was a cover sheet with my QWR attached and a copy of the envelope to Novastar that went to KS. Notify sender of new address. (Novastar apparently has a PO Box in TX.) On the cover sheet it has QWR and a claim #
A persons name and entry date 3/13/08
A long # and my husbands name
Hand written it says for Hud Contacting NovaStar.
Towards the bottom it says: TO CLOSE you must provide the following:
Original response w/ addressed envelope and 2 copies of signed response w/ enclosures.
My question, am I to send this to Hud or have they done it?
As I have sent a letter to Sen Dodd his office said they would contact Hud but I have had no updates on that.
This is a “qualified written request” under section 6 of the Real Estate Settlement Procedures Act (RESPA),
We are writing to request:
(1) Copies of all documents pertaining to the origination of my mortgage including initial loan application and  final loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, addendum to the note, Truth in Lending Statement, Good Faith Estimate, final  Hud 1, appraisal and all required disclosures and rate sheets associated with the transaction for the above referenced loan. All copies should be legible and all documents shall be copied in their entirety. The loan was taken out with you on February 1st 2005.
(2) A copy of  life of  loan history including all payments made, all fees incurred, what was being paid out of the escrow account, and how all payments were applied. Also, include a full accounting of (credit, reversals, and debits) of all suspense accounts, escrow and corporate advance activity. We are also requesting all definitions of any codes that are used by you on pay history, so that it can be clearly understood by  me.
I  have reason to believe that  information in the Truth and Lending Act  which requires clear and conspicuous disclosures were not disclosed.  129(B).
Also, a payment made to you by wire transfer  12/30/06  was allegedly lost by you and then placed in a suspense account. I was told by one of your representatives named Juane that this payment would bring my account current and go directly into your Wachovia Bank account.  Enclose you will find proof of this wire transfer, date sent and time sent.
I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must resolve the issues within 60 business days.
A summary of this has been sent to Connecticut Senators Joseph Liebermann and Christopher Dodd  and Attoreny General Richard Blumenthal.

PLEASE if any of you kind and informative forum members can help me to understand I would appreciate it. Sorry for my stupidity.
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