Qualified Written Request-Response To Ahmsi Response-12!18!2010

QUALIFIED WRITTEN REQUEST
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FROM: Max Meindl 705 Hemphill Houston, Texas 77007 TO: AMERICAN HOME MORTGAGE SERVICING, INC.,
===================================================================== SECOND QUALIFIED WRITTEN REQUEST AND DISPUTE LETTER TO NOTICE OF ACCELERATION OF LOAN MATURITY AND NOTICE OF FORECLOSURE SALE. Loan No.: 4000575748 MWZ No. 09-300801-910 This is a qualified written request under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
QUALIFIED WRITTEN REQUEST AND DISPUTE LETTER - 1
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I, Max Meindl, hereby respectfully submit the following in dispute of the answer to my initial QWR as being insufficient and condescending and also stipulating for the record your response was provided just shy of SEVEN (7) months after the QWR was submitted on April 21st, 2010. It appears the only reason you responded was by the prompting of the Texas Attorney Generals office. Your reference to the provisions of the compliance requirements of 12 USC 2605(e) is lame and deficient at best. You are correct in stipulating information relating to the servicing of such loan is interesting in that you have refused to address specific questions regarding the servicing of our loan. You claim the right or authority to service said loan, which was originated on January 21st, 2005, yet you provide a payment history that only goes back to February 28 th, 2009. I am very interested in and hereby demand an accurate and complete accounting of the four (4) missing years of payments since the origination of the loan. Any questions or requests stipulated within the body of this QWR are specific to the accounting, ownership, transfer, or rights of any servicer to accept any payments under the provisions of the original note and deed of trust. I am requesting information specific to the servicing of this loan including but not limited to your authority to service said loan, from whom that authority is derived, and by what formal and statutory transactions did you obtain that right, from whom and for whom. A qualified written request must ... include a statement of the reasons for the belief of the borrower that the account is in error. Walker v. Equity 1 Lenders Group, 2009 WL 1364430 *45 (S.D.Cal. 2009); Morilus v. Countrywide Home Loans, Inc., 2007 WL 1810676 at *3 (E.D.Pa.
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June 20, 2007); Harris v. Am. Gen. Fin., Inc., 2007 WL 4393818 *1 (10th Cir.2007); Pettie v. Saxon Mortg. Services, 2009 WL 1325947 *2, fn. 3 (W.D.Wash. 2009). I question your authority to service our loan. The question of whether a principal-agent relationship exists under established facts is a question of law for the court. Ross v. Tex. One P=ship, 796 S.W.2d 206, 210 (Tex. App.BDallas 1990, writ denied). However, the servicing agent may not have standing: Federal Courts have only the power authorized by Article III of the Constitutions and the statutes enacted by Congress pursuant thereto. [A] plaintiff must have Constitutional standing in order for a federal court to have jurisdiction. In re Foreclosure Cases, 521 F.Supp. 3d 650, 653 (S.D. Ohio, 2007) The servicing agent does not have standing, for only a person who is the holder of the note has standing to enforce the note. See, e.g., In re Hwang, 2008 WL 4899273 at 8. The servicing agent may have standing if acting as an agent for the holder, assuming that the agent can both show agency status and that the principle is the holder. See, e.g., In re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008) at 520. If challenged, the servicing agent must show that the last entity to communicate instructions to the debtor is still the holder of the note. See, e.g., HSBC Bank, N.A. v. Valentin, 2l N.Y. Misc. 3d 1123(A), 2008 WL 4764816 (Table) (N.Y. Sup.), Nov. 3, 2008 Each of these alleged Trustees, in order to have any relevance to the case, must have the acquired legal enforceable rights. The acquisition of legal enforceable rights is ONLY through a document of transfer that identifies the Grantor as the party who has the power to appoint the Trustee and his/her/its powers.
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A note may be transferred, however, even if it is not indorsed by the transferee; in that case, the transferee acquires whatever rights the transferor had in the note, but he does not become the holder. See Tex. Bus. & Comm. Code Ann. 3.201; Waters v. Waters, 498 S.W.2d 236, 241 (Tex. Civ. App.Tyler 1973, writ refd n.r.e.). A person not identified in a note who is seeking to enforce it as the owner or holder must prove the transfer by which he acquired the note. Jernigan, 803 S.W.2d at 777; Priesmeyer, 917 S.W. 2d at 939. An issue of material fact on the issue of ownership of a note is presented when there is an unexplained gap in the chain of title. First Gibraltar Bank, FSB, v. Farley, 895 S.W.2d 425, 428-29 (Tex. App.San Antonio 1995, writ denied); Jernigan, 803 S.W.2d at 777. Texas Property Code provision, Section 13.001, provides that a conveyance of real property is void as to a subsequent purchaser for value without notice of the conveyance, unless the instrument of conveyance is acknowledged and filed of record. Tex. Prop. Code Ann. 13.001 (Vernon 2002). Introduction of a copy of the alleged debt obligation in question rather than the original ink-signed paper promissory note by the plaintiffs, using the excuse that it is of customary procedure, is inadmissible. In United States of America v. Hibernia National Bank, 841 F.2d 592 96 A.L.R.Fed. 895, 5 UCC Rep.Serv.2d 1392, United States Court of Appeals, Fifth Circuit. April 5, 1988. Rehearing and Rehearing En Banc Denied May 9, 1988, the court stated: Hibernia's reliance on commercial custom is misplaced. Commercial custom does not apply where the U.C.C. provides otherwise. A principal-agent relationship is not presumed, and the party asserting the relationship has the burden of proving it. Id. The party claiming agency must prove the principal has both the
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right to assign the agent's task and the right to control the means and details by which the agent will accomplish the task. Lyons v. Lindsey Morden Claims Mgmt., Inc., 985 S.W.2d 86, 90 (Tex. App.BEl Paso 1998, no pet.) I am interested in the current HOLDER IN DUE COURSE party who can establish beyond any doubt, the legal right, via compliance with all applicable statutory requirements, to accept any payments on this note. I am inquiring by what authority you have the right to collect payments on this property and on behalf of what party you are receiving said payments. I am submitting the following in compliance with the referenced Federal Law.
NOTE: If a lender or loan servicer breaches this duty, a borrower may recover any actual damages proximately caused. Actual damages includes time spent on the case (and lost wages if required to be away from work), attorney fees, and there is legal precedent for the recovery of emotional distress damages for a loan servicers failure to comply with RESPA. See Johnstone v. Bank of America, N.A., 173 F.Supp.2d 809, 814-16 (N.D.Ill.2001) (RESPA plaintiffs may recover for mental suffering); Ploog v. HomeSide Lending, Inc., 209 F.Supp.2d 863, 870 (N.D.Ill.2002); and Rawlings v. Dovenmuehle Mortgage, Inc., 64 F.Supp.2d 1156, 1166 (M.D.Ala.1999). See also Wanger v. EMC Mortgage Corp., 103 Cal.App.4th 1125, 127 Cal.Rptr.2d 685, Cal.App. 5 Dist.,(2002. Certain courts have noted that the QWR process relates to any request for information related to servicing. Cortez v. Keystone Bank, Inc., 2000 U.S. Dist. Lexis 5705, *36-37 (E.D. Pa. May 2, 2000). ([The] RESPA borrower inquiry provision applies . . . to any request for information relating to the servicing of a federally related mortgage loan, while the billing error notice provision of TILA applies only to billing errors.).
For the record, I respectfully request you answer and affirm, for the record, the following to the best of your ability.
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INSTRUCTIONS 1. These QUESTIONS AND INQUIRY for are directed toward all information known or available to Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage, not its lawyer, including information contained in the records and documents in Deutsche Bank National Trust Companys, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage custody or control or available to Deutsche Bank National Trust Company, Ameriquest Mortgage Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage upon reasonable inquiry. 2. Each request is to be deemed a continuing one. If, after serving an answer, you obtain or become aware of any further information pertaining to that request, you are requested to serve a supplemental answer setting forth such information. A. As to every request for which an authorized officer of Deutsche Bank National
Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent
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Mortgage, and Ameriquest Mortgage fails to answer in whole or in part, the subject matter of that request will be deemed confessed and stipulated as fact to the possible use in Court. B. Kindly attach additional sheets as required identifying the question being
answered. You have a continuing obligation to update the information in these questions as you acquire new information. If no such update is provided in a reasonable period of time that you acquired such information, it may be excluded at trial or hearing.
DEFINITIONS 3. You and your include Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, and any and all persons acting for or in concert with Deutsche Bank National Trust Company. 4. Document is synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a) and includes computer records in any format. A draft or non-identical copy is a separate document within the meaning of this term. The term document also includes any tangible things as that term is used in Rule 34(a). 5. Parties. The term, as well as a partys full or abbreviated name or a pronoun referring to a party, means the party and, where applicable, (his/her/its) agents, representatives, officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. 6. Identify (person). When referring to a person, identify means to give, to the extent known, the persons full name, present or last known address, telephone number, and when referring to a natural person, the present or last known place of employment. Once a
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person has been identified in compliance with this paragraph, only the name of that person needs to be listed in response to later discovery requesting the identification of that person. 7. Identify (document). When referring to a document, identify means to give, to the extent known, the following information: (a) the type of document; (b) the general subject matter of the document; (c) the date of the document; (d) the authors, address, and recipients of the document; (e) the location of the document; (f) the identity of the person who has custody of the document; and (g) whether the document has been destroyed, and if so, (i) the date of its destruction, (ii) the reason for its destruction, and (iii) the identity of the person who destroyed it. 8. Relating. The term relating means concerning, referring, describing, evidencing, or constituting, directly or indirectly. 9. Any. The term any should be understood in either its most or its least inclusive sense as necessary to bring within the scope of the discovery request all reasons that might otherwise be construed to be outside of its scope. 10. QUALIFIED WRITTEN REQUEST 1. Please identify each person who answer these Questions and Inquiry and each person (attach pages if necessary) who assisted, including attorneys, accountants, employees of third party entities, or any other person consulted, however briefly, on the content of any answer to these Questions and Inquiry. ANSWER:
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11. For each of the above persons please state whether they have personal knowledge regarding the subject loan transaction. ANSWER:
12. Please state the date of the first contact between Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage and the borrower in the subject loan transaction, the name, address and telephone number of the person(s) in your company who was/were involved in that contact. ANSWER:
13. This letter is a "QUALIFIED WRITTEN REQUEST" in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e). Reference: Account #4000575748. 14. Hereinafter the subject loan and is the reference for all additional questions and requests described below. 15. I am writing about the accounting and servicing of this mortgage and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.
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16. I hereby demand absolute firsthand evidence from you of the original uncertified or certified security regarding the above referenced account. In the event you do not supply me with the very security, it will be a positive confirmation on your part that you never really created or owned one. 17. I also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent as well. Absent the actual evidence of the security, I have no choice but to dispute the validity of your lawful ownership, funding, entitlement right and the current debt. 18. By debt, I am referring to the principal balance; the calculated monthly payment; calculated escrow payment and any fees claimed to be owed by you or any trust or entity you may service or sub-service for. 19. To independently validate this debt, I will need to conduct a complete review and accounting of this mortgage from its inception through the present date. Upon receipt of this letter, refrain from reporting any negative credit information (if any) to any credit reporting agency until you respond to each of the requests. To do so would be in violation of the Fair Credit Reporting Act. 20. I also request that you conduct your own investigation and audit of this account since its inception to validate the debt you currently claim is owed. I would like you to validate the debt so that it is accurate to the penny. 21. Do not rely on previous servicing companies or originator's records, assurances or indemnity agreements. 22. Instead, I demand that you conduct a full audit and investigation of this account.
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23. In examining the loan documents, I suspect that you may have engaged in predatory lending practices including: Inflating the appraisal of this property Increasing the amounts of monthly payments; Increasing the principal balance owed; Increasing escrow payments; Increasing the amounts applied and attributed toward interest on this account; Decreasing the proper amounts applied and attributed toward the principal on this account; assessed, charged and/or collected fees, expenses and miscellaneous charges I am not legally obligated to pay under the mortgage, note and/or deed of trust. 24. I request that you prove that I have not been the victim of such predatory lending and servicing practices. 25. Since this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 section 2605(e) of the United States Code as well as a request under the Truth in Lending Act 15 U.S.C. section 1601, there are substantial penalties and fines for non-compliance, or failure to answer my questions within 20 business days of its receipt, and 60 business days to resolve my concerns. 26. In order to conduct the examination of this loan, I need to have full and immediate disclosure including copies of all pertinent information. 27. Please provide me with factual and detailed answers to the following questions. 28. Was this loan originated in lawful compliance with all federal and state laws, regulations including, but not limited to, Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Practices Act, HOEPA and other laws?
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29. Was the origination and/or any sale or transfer of this account or monetary instrument conducted in accordance with proper laws and was it a lawful sale with complete disclosure to all parties with an interest? 30. Please disclose whether the claimed holder in due course of the monetary instrument/deed of trust/asset is in compliance with statutes, state and federal laws and who is entitled to the benefits of payments. 31. Were all transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees properly disclosed; including but not limited to the period commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof? 32. Has each servicer and sub-servicers of this mortgage serviced this mortgage in accordance with statutes, laws and the terms of mortgage, monetary instrument/deed of trust, including but not limited to all accounting or bookkeeping entries, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof? 33. Has this mortgage account been credited, debited, adjusted, amortized and charged correctly, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent Nenatransfer thereof?
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34. How was the payment, in the amount of $10,610.37 and received on September 22nd, 2009, allocated to the account. Delivery verified by: Label/Receipt Number: EH31 4455 265U S Class: Express Mail Status: Delivered Your item was delivered at 11:34 AM on September 22, 2009 COPPELL, TX 75019 to AHMSI . The item was signed for by K JONES. Detailed Results: Delivered, September 22, 2009, 11:34 am, COPPELL, TX 75019 Arrival at Unit, September 22, 2009, 10:23 am, COPPELL, TX 75019 Processed through Sort Facility, September 22, 2009, 3:06 am, COPPELL, TX 75099 Processed through Sort Facility, September 21, 2009, 8:00 pm, NORTH HOUSTON, TX 77315 Acceptance, September 21, 2009, 11:49 am, BELLVILLE, TX 77418
35. Has interest and principal been properly calculated and applied to this loan? 36. Has any principal balance been properly calculated, amortized and accounted for? 37. Have charges, fees or expenses, not obligated in any written agreement, been charged, assessed or collected from this account or any other related account arising out of the subject loan transaction? 38. I also need answers, in writing, to various servicing questions. 39. For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record from each computer system, program or database used by you that contains any information on this account. 40. As such, please send to me, at the address below, copies of the documents requested below as soon as possible.
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41. Please also provide copies, front and back, of the following documents regarding this loan: 42. Any certificated or un-certificated security used for the funding of this account; 43. Any and all "Pooling Agreement(s)" or "Servicing Agreements" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any government sponsored entity, hereinafter GSE or other party; 44. Any and all "Deposit Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 45. Any and all "Servicing Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 46. Any and all "Custodial Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 47. Any and all "Master Purchasing Agreement(s)" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 48. Any and all "Issuer Agreement(s)" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
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49. Any and all "Commitment to Guarantee" agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 50. Any and all "Release of Document" agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 51. Any and all "Master Agreement for Servicer's Principal and Interest Custodial Account" between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 52. Any and all Servicer's Escrow Custodial Account" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 53. Any and all "Release of Interest" agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party; 54. Any Trustee agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any GSE or other party; 55. Please also send me copies, front and back, of: 1. Any documentation evidencing any trust relationship regarding the Mortgage/Deed of Trust and any Note in this matter; 2. Any and all document(s) establishing any Trustee of record for the Mortgage/Deed of
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Trust and any Note; 3. Any and all document(s) establishing the date of any appointment of Trustee for this Mortgage or Deed of Trust and any Note, including any and all assignments or transfers or nominees of any substitute trustee(s); 4. Any and all document(s) establishing any Grantor for this Mortgage or Deed of Trust and any Note; 5. Any and all document(s) establishing any Grantee for this Mortgage or Deed of Trust and any Note; 6. Any and all document(s) establishing any Beneficiary for this Mortgage or Deed of Trust and any Note; 7. Any documentation evidencing the Mortgage or Deed of Trust is not a constructive trust or any other form of trust; 8. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account, from the inception of this account to the date written above. 9. All descriptions and legends of Codes used in your mortgage servicing and accounting system so the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work. 10. All assignments, transfers or other documents evidencing a transfer, sale, or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment to this obligation in this account from the inception of this account to the
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present date, including any such assignment on MERS. 11. All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on MERS. 12. All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date. 13. The front and back of each and 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. 14. All escrow analyses conducted on this account from the inception of this account until the date of this letter. 15. 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 any and all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees and points. 16. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others on this account. 17. All letters, statements and documents sent by your company. 18. All letters, statements and documents sent by agents, attorneys or representatives of your company. 19. All letters, statements and documents sent by previous servicers, sub-servicers, or others in your account file or in your control or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative
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of your company. 20. All letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to the present date. 21. All electronic transfers, assignments and sales of the note, asset, mortgage, deed of trust or other security instrument. 22. All copies of property inspection reports, appraisals and reports done on the property. 23. All invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date. 24. All checks used to pay invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this account from the inception of this account to the present date. 25. All agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date. 26. 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 to the present date. 27. All account servicing transaction records, ledgers and registers detailing how this account has been serviced from the inception of this account to the present date.
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55.
With Regard to Account Accounting and Servicing Systems:
1. Please identify each accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that experts can decipher the data provided. 2. For each accounting and servicing system identified by you and 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 that designed and sold the system. 3. For each accounting and servicing system used by you and 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. 56. With Regard to Debits and Credits:
1. Please detail each and every credit on this account from the date such credit was posted to this account as well as the date any credit was received. 2. Please detail each and every debit on this account from the date such debit was posted to this account as well as the date any debit was received. 3. For each debit and credit listed, please provide me with the definition for each corresponding transaction code utilized. 4. For each transaction code, please provide the master transaction code list used by you or previous servicers. 57. With Regard to Mortgage and Assignments:
1. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in the county property records in the county and state in which the property is located from the inception
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of this account to the present date? Please respond either, Yes or No? 2. If so, why not? 3. Is your company the servicer of this mortgage account or the holder in due course and beneficial owner of this mortgage, monetary instrument and/or deed of trust? 4. Have any sales, transfers or assignments of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date? Yes or No? 5. If yes, please detail the names of the seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage, deed of trust or security instrument executed securing the obligation on this account that was not recorded in the county records where the property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments. 58. With Regard to Attorney Fees: In answering the questions below, assume
attorney fees and legal fees to be one and the same. 1. Have attorney fees ever been assessed to this account from the inception of this account to the present date? Yes or No? 2. If yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date and the date of such assessments to this account. 3. Have attorney fees ever been charged to this account from the inception of this account to the present date? Yes or No? 4. If yes, please detail each attorney fee to this account from the inception of this account
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to the present date and the date of such assessments to this account. 5. Please provide the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date. 6. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of attorney fees. 7. Please detail in writing each attorney fee assessed from this account and for what corresponding payment period or month such fee was assessed from the inception of this account to the present date. 8. Please detail in writing any adjustments in attorney fees collected and on what date such adjustment was made and the reason for such adjustment. 9. Has interest been charged on any attorney fees assessed or charged to this account? Yes or No? 10. Is interest allowed to be assessed or charged on attorney fees charged or assessed to this account? Yes or No? 11. Please send me copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that have been assessed or collected from this account from the inception to the present date. 59. With Regard to Suspense/Unapplied Accounts: In answering these questions,
treat the term suspense account and unapplied account as one and the same. 1. Has there been any suspense or unapplied transactions on this account from the inception of this account to the present date? Yes or No?
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2. Please detail each and every suspense or unapplied transaction, including debits and credits, that have occurred on this account from the inception of this account to the present date. 60. With Regard to Late Fees: Please consider the terms late fees and late
charges to be one and the same. 1. Have you reported the collection of late fees on this account as interest in any statement to the IRS? Yes or No? 2. Have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement to the IRS? Yes or No? 3. Do you consider the payment of late fees as liquidated damages to you for not receiving payment on time? Yes or No? 4. Are late fees considered interest? Yes or No? 5. Please detail what expenses and damages you incurred for any payments made that were late. 6. Were any of these expenses or damages charged or assessed to this account in any other way? Yes or No? 7. If yes, please describe what expenses or damages were charged or assessed to this account. 8. Please describe what expenses you or others undertook due to any payments made that were late. 9. Please describe what damages you or others undertook due to any payments made that were late. 10. Please identify the provision, paragraph, section or sentence of any note, mortgage,
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deed of trust or any agreement I signed that authorized the assessment or collection of late fees. 11. Please detail each late fee assessed to this account and for which corresponding payment period or month such late fee was assessed from the inception of this account to the present date. 12. Please detail any adjustments in late fees assessed and on what date such adjustments were made and the reason for such adjustments. 13. Has interest been charged on any late fee assessed or charged to this account? Yes or No? 14. Is interest allowed to be assessed or charged on late fees to this account? Yes or No? 15. Have any late charges been assessed to this account? Yes or No? 16. If yes, how much in total late charges have been assessed to this account from the inception of this account to the present date? 17. Please provide the payment dates you or other previous servicers or sub-servicers of this account claim I have been late with a payment from the inception of this account to the present date. 61. With Regard to Property Inspections: Consider property inspection and
inspection fee terms that apply to any inspection of property by any source and any related fee or expense charged, assessed or collected for such inspection. 1. Have the property inspections been conducted from the inception of this account to the present date? Yes or No? 2. If yes, please tell me the date of each property inspection conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
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3. Please tell me the price charged for each property inspection. 4. Please tell me the date of each property inspection. 5. Please tell me the name and address of each company and person who conducted each property inspection on this property. 6. Please tell me why property inspections were conducted on subject property. 7. Please tell me how property inspections are beneficial. 8. Please tell me how property inspections are protective of subject property. 9. Please explain your policy on property inspections. 10. Do you consider the payment of inspection fees as a cost of collection? Yes or No? 11. If yes, why? 12. Do you use your property inspections to collect debts? Yes or No? 13. Have you used any portion of the property inspection process on subject property to collect a debt, payment or obligation? Yes or No? 14. If yes, please answer when and why? 15. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of property inspection fees. 16. Have you labeled in any record or document sent to me a property inspection as a miscellaneous advance? Yes or No? 17. If yes, why? 18. Have you labeled in any record or document sent to me a property inspection as a legal fee or attorney fee? Yes or No? 19. If yes, why?
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20. Please detail each 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 the present date. 21. Please detail any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment. 22. Has interest been charged on any inspection fees assessed or charged to this account? Yes or No? 23. If yes, when and how much was charged? 24. Is interest allowed to be charged on inspection fees charged or assessed to this account? Yes or No? 25. How much in inspection fees have been assessed to this account from the inception of this account to the present date? 26. Please forward copies of all property inspections made on subject property in this mortgage account file. 27. Has any fee assessed or charged for property inspections been placed into an escrow account? Yes or No? 62. With Regard to Broker Price Opinions (BPO) Fees:
1. Have any Broker Price Opinions been conducted on subject property? Yes or No? 2. If yes, please tell me the date of each BPO conducted on subject property that is the secured interest for this mortgage, deed of trust or note. 3. Please tell me the price of each BPO. 4. Please tell me who conducted the BPO. 5. Please tell me why BPOs were conducted on subject property.
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6. Please tell me how BPOs are beneficial. 7. Please tell me how BPOs are protective of subject property. 8. Please explain your policy on BPOs. 9. Have any BPO fees been assessed to this account? Yes or No? 10. If yes, how much in total BPO fees have been charged to this account? 11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of a BPO fee. 12. Please send me copies of all BPO reports that have been done on subject property. 13. Has any fee charged or assessed for a BPO been placed into an escrow account? Yes or No? 63. With Regard to Force-Placed Insurance:
1. Have you placed or ordered any force-placed insurance policies on subject property? 2. If yes, please tell me the date of each policy ordered or placed on subject property that is the secured interest for this mortgage, deed of trust or note. 3. Please tell me the price of each policy. 4. Please tell me the agent for each policy. 5. Please tell me why each policy was placed on subject property. 6. Please tell me how the policies are beneficial. 7. Please tell me how the policies are protective of subject property. 8. Please explain your policy on force-placed insurance. 9. Have any force-placed insurance fees been assessed to this account? Yes or No? 10. If yes, how much in total force-placed insurance fees have been assessed to this
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account? 11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of force-placed insurance fees. 12. Do you have any relationship with the agent or agency that placed any policies on this property? If yes, please describe. 13. Do you have any relationship with the carrier that issued any policies on subject property? If yes, please describe. 14. Has the agency or carrier you used to place a force-placed insurance policy on subject property provided you any service, computer system, discount on policies, commissions, rebates or any form of consideration? If yes, please describe. 15. Do you maintain a blanket insurance policy to protect your properties when customer policies have expired? Yes or No? 16. Please send me copies of all force-placed insurance policies that have been ordered on subject property from the inception of this account to the present date. 64. With Regard to Servicing:
1. Did the originator or previous servicers of this account have any financing agreements or contracts with your company or an affiliate of your company? 2. Did the originator or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or affiliate of your company for handling, processing, originating, or administering this loan? If yes, please itemize each form of compensation, fee, commission, payment, rebate or other financial consideration paid to the originator of this account by your company or any
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affiliate. 3. Please identify where the originals of this entire account file are currently located and how they are being stored, kept and protected. 4. Where is the original deed of trust or mortgage and note I signed located? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable. 5. Since the inception of this account, has there been any assignment of this monetary instrument/asset to any other party? If the answer is yes, identify the names and addresses of each and every individual, party, bank, trust or entity that has received such assignments. 6. Since the inception of this account, has there been any sale or assignment of the servicing rights to any other party? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has received such assignments or sale. 7. Since the inception of this account, have any sub-servicers serviced any portion of this mortgage account? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has sub-serviced this mortgage account. 8. Has the mortgage account been made a part of any mortgage pool since the inception of this loan? If yes, please identify each account mortgage pool that this mortgage has been a part of from the inception of this account to the present date. 9. Has each assignment of this asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located? 10. Has there been any electronic assignment of this mortgage with MERS (Mortgage Electronic Registration System) or any other computer mortgage registry service or
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computer program? If yes, identify the name and address of each individual, entity, party, bank, trust or organization or servicers that have been assigned mortgage servicing rights for this account as well as the beneficial interest to the payments of principal and interest on this loan. 66. Have there been any investors (as defined by your 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 account to the present date? If yes, identify the name and address of every individual, entity, organization and/or trust. 67. Please identify the parties and their addresses to all sales contracts, servicing agreements, assignments, alonges, transfers, indemnification agreements, recourse agreements, and any agreement related to this account from the inception of this account to the present date. 68. How much were you paid for this individual mortgage? What premium was paid? 69. If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan? 70. Who did you issue a check or payment to for this mortgage loan? 71. Please provide me with copies of the front and back of the canceled check. 72. Would any investor have to approve the foreclosure of subject property? Yes or No? 73. Has HUD assigned or transferred foreclosure rights to you as required by 12 USC 3754? 74. Please identify all persons who would have to approve foreclosure of subject property.
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75. Please identify every potential party to this foreclosure. ANSWER:
76. Please identify the person(s) involved in the underwriting of the subject loan. "Underwriting" refers to any person who made representations, evaluations or appraisals of value of the home, value of the security instruments, and ability of the borrower to pay. ANSWER:
77. Please identify any person(s) who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would affect the funding, closing, or the receipt of money from a third party in a transaction that referred to the subject loan. ANSWER:
78. Please identify any person(s) known or believed by anyone at Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through
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certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, who had received physical possession of the note and allonges, the mortgage, or any document (including but not limited to assignment, endorsement, allonges, Pooling and Servicing Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or email or faxes of transmittals including attachments) that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, or the receipt of money from a third party in a transaction, and whether such money was allocated to principal, interest or other obligation related to the subject loan. ANSWER:
79. Please identify all persons known or believed by anyone in Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian or any affiliate to have participated in the securitization of the subject loan including but not limited to mortgage aggregators, mortgage brokers, financial institutions, Structured Investment Vehicles, Special Purpose Vehicles, Trustees, Managers of derivative securities, managers of the company that issued an Asset-backed security,
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Underwriters, Rating Agency, Credit Enhancement Provider. ANSWER:
80. Please identify the person(s) or entities that are entitled, directly or indirectly to the stream of revenue from the borrower in the subject loan. ANSWER:
81. Please identify the person(s) in custody of any document that identifies the loan servicer(s) in the subject loan transaction. ANSWER:
82. Please identify any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction. ANSWER: 83. Other than people identified above, identify any and all persons who have or had personal knowledge of the subject loan transaction, underwriting of the subject loan transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan transaction, or the decision to enforce the note or mortgage in the subject loan
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transaction. ANSWER: 84. Please state address, phone number, and employment history for the past 5 years of Bryan Bly, Vice President, Citi Residential Lending Inc. As Attorney in Fact for Argent Mortgage Company, LLC, designated as the Assignor of the mortgage loan and deed of trust to Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-W2, (Corporate Assignment of Deed of Trust, Harris County, Texas records, Document 2005009982, [ER10-49-1981, ER1-49-1982, ER10-49-1983]) ANSWER: 85. Please state the date on which Argent Mortgage Company, LLC (originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller and Master Servicer). ANSWER: 86. Please state the date on which Ameriquest Mortgage Company (Seller and Master Servicer) sold the mortgage loan to Argent Securities, Inc. (Depositor). ANSWER: 87. Did Argent Mortgage Company, LLC (originator) or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Ameriquest Mortgage Company (Seller and Master Servicer) or any affiliate or from the trust funds, for handling, processing, originating or administering this loan? ANSWER:
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88. If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate or other financial consideration paid to Argent Mortgage Company, LLC, the originator or previous servicers of this account by Ameriquest or any affiliate, or from the trust fund. ANSWER: 89. Please identify any party, person or entity known or suspected by Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-passthrough certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, or any of your officers, employees, independent contractors or other agents, or servants of your company who might possess or claim rights under the subject loan or mortgage and/or note. ANSWER: 90. Please identify the custodian of the records that would show all entries regarding the flow of funds for the subject loan transaction prior to and after closing of the loan. (Flow of funds, means any record of money received, any record of money paid out and any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company or any affiliate including but not limited to whether the subject loan transaction was ever entered into any category on the balance sheet at any time or times, whether any reserve for default was ever entered on the balance sheet, and whether any entry, report or calculation was made regarding the effect of this loan transaction on the capital reserve requirements of your company or
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any affiliate.) ANSWER: 91. Please identify the auditor and/or accountant of your financial statements or tax returns. ANSWER: 92. Please identify any attorney with whom you consulted or who rendered an opinion regarding the subject loan transaction or any pattern of securitization that may have effected the subject loan transaction directly or indirectly. ANSWER: 93. Please identify any person who served as an officer or director with Deutsche Bank National Company or Argent Mortgage Company LLC commencing with 6 months prior to closing of the subject loan transaction through the present. (This question is limited only to those people who had knowledge, responsibility, or otherwise made or received reports regarding information that included the subject loan transaction, and/or the process by which solicitation, underwriting and closing of residential mortgage loans, or the securitization, sale, transfer or assignment or hypothecation of residential mortgage loans to third parties.) ANSWER: 94. Did any investor/certificate holder approve or authorize foreclosure proceedings on Max Meindls property? ANSWER: 95. Please identify the person(s) involved or having knowledge of any insurance policy or product, plan or instrument describing over-collateralization, cross-collateralization or
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guarantee or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan and the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any entity or buyer. A person who transmitted, transferred, assigned, pledged or hypothecated refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay.) ANSWER: 96. Please identify the person(s) involved or having knowledge of any credit default swap or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan.) ANSWER: 97. Do you have a copy of and will you provide a copy to me of the ORIGINAL NOTE AND DEED OF TRUST? ANSWER OR RESPONSE: 98. Are you aware Mr. & Mrs. Meindl claim the home as their homestead, located at 705 Hemphill Street, Houston, Texas, Harris County, Texas 77007 (the Property). [(If a person receives a homestead tax exemption then this designation is automatic. Case law further provides that when a homestead claimant is in actual occupancy of his
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homestead, it will be deemed that a lender or encumbrancer acted with knowledge of the occupants right to invoke the rule of homestead. Sanchez v. Telles, 960 S.W.2d 762, 770 (Tex. App. - El Paso 1997, pet. Denied)] [a homestead is presumed to exist until its termination is proved. Wilcox v. Marriott, 103 S.W.3d 469, 472 (Tex App. San Antonio 2003, pet. denied)] Answer; 99. I am writing to you to complain about the accounting and servicing of my mortgage and my need for understanding and clarification of various charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of my loan from its origination to the present date. 100. To date, the documents and information I have, that you have sent me, and the
conversations with your service representatives cannot answer my many questions. 101. It is my understanding that your company has been accused as engaging in one or
more predatory lending and servicing schemes. 102. As a citizen, I am extremely concerned about such practices by anyone, let alone
my own mortgage company or anyone who has held a beneficial interest in my loan. 103. I am concerned that such abuses are targeting the uneducated and uninformed
consumer and disadvantaged, poor, elderly and minorities. 104. Needless to say, I am more concerned as an alleged borrower. I am worried that
potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and
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practices may have negatively affected my credit rating, mortgage account and/or the debt or payments to which I am legally obligated. 105. Because of this and other reasons that leave 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. 106. 107. 108. 109. 110. 111. 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. I have reason to believe that the loan terms were misrepresented to me at the time
of application and further obscured and/or modified prior to signing. 112. 113. I believe that my income may have been inflated on the application. I also have reason to believe that certain statements were not provided for my
approval prior to closing, and that signatures may have been forged on various documents. 114. 115. It is also my belief that certain documents may have not been presented at all. Additionally, I believe that a notary was not physically present to witness my
signatures on several pertinent documents and that I was ill advised at the time of closing. 116. 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.
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117.
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. 118. I also request that you kindly conduct your own investigation and audit of my
account since its inception to validate the debt you currently claim I owe. 119. 120. I would like you to validate this debt so that it is accurate to the penny! Please do not rely on previous or current servicers or originators records,
assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account. 121. I understand that potential abuses by you or a previous servicer could have
deceptively, wrongfully, unlawfully and/or illegally: 1. Increased the amounts of my monthly payments 2. Increased the principal balance I owe; 3. Increased my escrow payments; 4. Increased the amounts applied and attributed toward interest on my account; 5. Decreased the proper amounts applied and attributed toward principal on my account; 6. Assessed, charged and/or collected fees, expenses and misc. charges I am not legally obligated to pay under my mortgage, note and/or deed of trust. 122. I am thinking about contracting the Home Owners Foreclosure Hotline and/or one of their affiliates to perform a forensic document review of your investigation and audit of my account.
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123.
To help me decide if I am going to move forward with a third party auditing company, I need: (1) copies of all documents pertaining to the origination of the alleged mortgage and note including my loan application (s), Right to cancel, deed of trust, note, adjustable rate note, addendum to the note for the interest only payment period, truth in lending statements, good faith estimate (GFE), HUD 1, appraisal, and all required disclosures and rate sheets associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety. (2) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the ENTIRE life of the loan.
124. 125.
I want to insure that I have not been the victim of such predatory practices. To insure this, I will be authorizing a thorough review, examination, accounting and audit of my mortgage by a team of mortgage auditors predatory lending experts, consumer advocates, local non-profit agencies, compliance consultants and if needed LEGAL ADVOCATES.
126.
This exam and audit will review my mortgage loan file from the date of my initial contact, application and the origination of my loan to the present date written above.
127.
As such, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 2605 (e)(1)(B) (e) and
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Reg. X 3500.21(f)2 of the United States Code as well as a request under Truth In Lending Act [TILA] 15 U.S.C. 1601, et seq. 128. RESPA provides substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within sixty (60) days of its receipt! 129. In order to conduct the examination and audit of my loan, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan. 130. The documents requested and answers to my questions are needed by myself and my experts to insure that my loan: 1. Was originated in lawful compliance with all federal and state laws and regulations including, but not limited to RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws; 2. That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note; 3. That the claimed holder in due course of my promissory note and/or deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments; 4. That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. were properly disclosed to me at the inception of my loan; 5. That each servicer and/or sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust;
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6. That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations; 7. That my mortgage loan has properly been credited, debited, adjusted, amortized and charged correctly; 8. That interest and principal have been properly calculated and applied to my loan; 9. That my principal balance has been properly calculated, amortized and accounted for; 10. That no charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from my account; 131. As such, please send to me, at my address above, copies of the documents requested below as soon as possible. 132. Please provide me copies of: 1. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or subservicer of my mortgage account from the inception of my loan to the date written above. 2. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review my mortgage account may properly conduct their work. 3. All assignments, transfers, allonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other
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document that secures payment by me to my obligation in this account from the inception of my loan to the present date including any such assignments on MERS. 4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on MERS. 5. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date. 6. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account. 7. All escrow analyses conducted on my account from the inception of my loan until the date of this letter. 8. 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 my disclosure statement 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, etc. 9. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on my account. 10. All letters, statements and documents sent to me by your company. 11. All letters, statements and documents sent to me by agents, attorneys or representatives of your company.
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12. All letters, statements and documents sent to me by previous servicers, subservicers or others in your loan file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicer, servicer, attorney or other representative of your company. 13. All letters, statements and documents contained in my loan file or imaged by you, any servicer or sub-servicers of my mortgage from the inception of my loan to present date. 14. All electronic transfers, assignments, sales of my note, mortgage, deed of trust or other security instrument. 15. All copies of property inspection reports, appraisals, BPOs and reports done on my property. 16. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to my mortgage account from the inception of my loan to the present date. 17. All checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date. 18. All agreements, contracts and understandings with vendors that have been paid for any charge on my account from the inception of my loan to the present date. 19. All loan servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, loan histories,
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accounting records, ledgers, and documents that relate to the accounting of my loan from the inception of my loan until present date. 20. All loan servicing transaction records, ledgers, registers and similar items detailing how my loan has been serviced from the from the inception of my loan until present date.
133.
Please provide me, with the documents I have requested and a detailed answer to each of my questions within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to a further document request and answers to questions under an additional QWR letter.
134.
Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting and legal records, Dispute of Debt letter will be sent to FTC, HUD, ALL RELEVANT STATE AND FEDERAL REGULATORS; CONSUMER ADVOCATES; AND MY CONGRESSMAN if any further evasive actions are detected or this matter is not settled.
135.
Please provide me with the documents I have requested and a detailed answer to each of my questions within the lawful time frame.
136.
Upon receipt of the documents and answers, an examination will be conducted that may lead to a further document request and answers to questions under an additional RESPA Qualified Written Request letter.
137.
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,
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Office of Thrift Supervision, relevant state and federal regulators, other consumer advocates, State Congressman, State Senator, and Attorney General. 138. Please note that default provisions exist under this QUALIFIED WRITTEN REQUEST. 139. It is my hope that you can answer my questions, document and validate my debt to the penny and correct any abuses or schemes uncovered and documented. 140. I would like to have validation that the foreclosure process has been put on hold or will be extended until all of my requests have been satisfied. 141. Please provide for me an answer at the same time that you acknowledge my request within 20 business days.
I would expect to receive your answers to the issues posed in this dispute letter within 20 days, on or before February 10thth, 2011.
Dated this 18th Day of December 2010
Max J Meindl
Max Meindl 705 Hemphill Houston, Texas 77007
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CC Texas Attorney General Lucy.Jaime@oag.state.tx.us Fannie Mae 1000 Brickell Avenue, Suite 600 Miami, Florida 33131 Federal Trade Commission 600 Pennsylvania Avenue NW, Washington, DC. 20580 Government & Industry Relations 401 9th Street, NW Suite 600 South Washington, DC 20004 Office of RESPA and Interstate Land Sales Office of Housing, Room 9146 US Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC

Qualified Written Request-Response To Ahmsi Response-12!18!2010

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Qualified Written Request-Response To Ahmsi Response-12!18!2010

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QUALIFIED WRITTEN REQUEST

QUALIFIED WRITTEN REQUEST AND DISPUTE LETTER - 1