RESPA: NEW QWR FORM SUBMITTED FROM COMMENTS

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.
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 General’s 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 28th, 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 *4-5 (S.D.Cal. 2009); Morilus v. Countrywide Home Loans, Inc., 2007 WL 1810676 at *3 (E.D.Pa. 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.
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 ref’d 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 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 servicer’s 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.

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 Company’s, 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 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 party’s 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 person’s 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 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:

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.
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.
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?
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?
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.
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;
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 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 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 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.

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 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 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?
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, 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.
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?
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.
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 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 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 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.
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 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, 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 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:
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-pass-through 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 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 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 homestead, it will be deemed that a lender or encumbrancer acted with knowledge of the occupant’s 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 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. By debt I am referring to:
107. The principal balance claimed owed;
108. My calculated monthly payment,
109. Calculated escrow payment
110. And any fees claimed to be owed by you or any trust or entity you may represent.
111. 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. I believe that my income may have been inflated on the application.
113. 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. It is also my belief that certain documents may have not been presented at all.
115. 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.
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. I would like you to validate this debt so that it is accurate to the penny!
120. 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.
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. I want to insure that I have not been the victim of such predatory practices.
125. 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 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;
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 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 agen

30 Responses

  1. Can I send a QWR after the house has been sold at sheriffs sale

  2. Interesting.

    I sent a QWR after foreclosure had already been filed. Six weeks later, the plaintiff’s attorney voluntarily withdrew the complaint. And I did it pro se.

    You never know what’s going to happen in any given case.

  3. If any attorneys are reading this, and are very familiar with this sort of case (get it, and are actively involved), would you please explain what the real value is in sending a QWR, and how it can be used later in a Quiet Title case to the home owner’s advantage.
    Is there anything you would add to the sample QWR’s we are seeing here? Is there anything you would subtract? Can you send additional QWR’s with additional questions? What should be done if there is no response or inadequate response or compliance?

  4. How can I get a complete copy of this request? Thanks.

  5. Well, I finally did receive a response, from the lawyer representing the defendants (Argent, AHMSI, Citi Residential Lending, Deutsche Bank, etc.) stating they are in receipt of the request, just made the 20 day deadline, certified mail, and my QWR is a part of my original petition as well. I’ll keep updating as things progress… all the best…

  6. I wrote the referenced QWR. If you require a complete copy to use, email me at femamax@gmail.com.
    BTW, no response yet although I did copy the TX AG office on it and we lost our motion for a TI yesterday just after the Mass Supreme Court ruling. Preparing an appeal as we speak. here’s hoping.

  7. we to would like to see all of the QWR letter, however, i have read and reread this one it is 99% of most of the questions we have been asking for the past 4+ years, with less than 2% of the information responded to. l & l

  8. Mike, I took the week off to be with my grandchildren in Chicago so I am just now catching up on this. Worked on it as I went up ad down on the mega bus–will post tomorrow probably. The value of this lies in discovery and in talking to judges about your case everyone–if the defendants don’t respond at all–its not the fine that is important, its telling the judge that they don’t follow the law–if they do respond but late, again its tool to tell the judge that they don’t follow the law. If they do perchance respond, I will bet my bottom dollar that they don’t give it to their lawyers–so when you ask the sme questions in discovery of their lawyers you will get different answers–again, another tool to show the judges. Understand folks, that sometimes when the defendants DON’t answer you can use that against them as well–Discovery and lawsuits are a poker or chess game–don’t forget that–

  9. The first post here pointed out that this QWR has been truncated, or cut off, at number 132, item 11.

    There has been no reference in these comments, or any additional posts, with a correction, or the remainder of the QWR.

    Seeing the entire QWR, rather than just a portion of such, would likely be much more beneficial.

  10. Bottom post by Anonymous is not me —- ANONYMOUS (caps)

  11. SUBJECT : RESPA
    Comments: THIS IS FABULOUS FOR A COUPLE OF REASONS: First use it prior to filing suit even if you don’t think you will pursue RESPA to get the potential defendants to answer on the claims you think you may have

    M. Soliman: Bush administration quietly repealed most of RESPA (hint Hint) HUD enforcement of RESPA (jurisdicition is a joke) legislation has no teeth. No teeth in a forelcosure claim.

    RESPA still works but under a more creative approach. Not my top pick for defense counsel . Survey say’s Pass!

    MSoliman
    expert.witness@live.com

  12. SUBJECT : Debt Collectors
    Comments: As usual, the debt collector pretender lenders are operating outside the law. Unless the AG actually brings a lawsuit against them, they will continue to operate outside the law.

    MSoliman: They are immune from prosecution . They are engaged by the FDIC . Legal Services Contract. There is a way to get them and threatening to sue or arrest is not the way. There is a much better avenue!

    M.Soliman
    expert.witness@live.com

  13. QWR addresses servicing the acknolwedgement for absent “Hello” letter. Special servicer is not required to answer a QWR.

    No one, not one person on earth saved a home with a QWR. Immaterial

    MSoliman
    expert.witness@live.com

  14. UNDER ACCOUNTING FOR SPECIAL PURPOSE ENTITIES
    Revised: FASB Interpretation 46(R)

    By M.Soliman

    1.Special purpose entities (SPE), also referred to as off–balance-sheet arrangements WERE INTENDED transactions THAT served a legitimate business purpose

    2.Forming an QSPE is necessary to isolate financial risk and provide less-expensive financing. SPEs do not engage in business transactions other than the activities backed by their sponsors. Also known as qualifying special purpose entities (QSPE) the entity and structure must satisfy GAAP accounting requirements set forth in SFAS 140, Accounting for Transfers and Servicing of Financial Assets and Extinguishment of Liabilities.

    3.The SPE is conditioned as an off–balance-sheet entities that are marked by similar characteristics where put into use such as limited capitalized, free of any independent management or employees and having administrative functions are often performed by a trustee. Herein the role of the trustee is to receive and distribute cash or oversee a master servicing agent and in either case, act in accordance with the terms of contracts and while it serves as an intermediary between the SPE and the parties that created it.

    4.If the SPE holds assets, one of these parties usually services them under a servicing agreement. An SPE for a mortgage pass through investment will accomplish certain important objectives such as financing certain assets as in mortgages or administrative collections services while keeping the associated debt off the balance sheet of the sponsors. The importance of these objectives become complicated when each move made by the sponsoring parties can trigger a violations of the accounting rules as for example “recognition” of a banks sponsors liabilities and indebtedness for violations of maintaining any controlling interests in the assets sold.

    5.Controlling interests in assets sold is something that has come under constant scrutiny of FASB and rules SFAS 140 .3.

    6.The SPE succeeds otherwise where it transforms certain financial assets, such as credit card receivables, unsecured loans, or mortgages, into liquid securities. If successfully done this thereafter allows for the sponsors to succeed with engaging in tax-free exchanges.

    7.Sponsors in a registration will benefit from these off–balance-sheet entities in one or more obvious ways. First, these entities enable the sponsor to remove debt from its balance sheet so it meets certain ratios or loan covenants.

    8.Second, such arrangements protect the sponsor from possible financial failure by its SPEs. That is, if the registration and undertaking for which an SPE was created fails and the SPE cannot service its debt, the sponsor is at risk only for what it has put into the SPE. By this we mean the assets it has alleged to have sold are lost to the sale with no ability to complete the inferred intent for setting up the original arrangement.

    9.A Federal Saving Bank participating in a registration as a sponsor will also have to remove from its balance sheet the assets related to the debt that has been moved to the SPE. Again, the assets are lost forever to a bona-fide sale.

    10.For example, if a sponsor uses an SPE to finance a capital project, neither the liability nor the assets of that project will be included in the sponsor’s balance sheet

  15. I little trick I forgot about. Sending letters to AHMSI with my new address formally in place on the letter, they sent the reply to the foreclosed address to buy time. They will say it’s a computer update error.

  16. Go to this a this and read it.

    banking.senate.gov/…/070110_Dodd_Frank_Wall_Street_Reform_ comprehensive_summary_Final.pdf

    Some good info

  17. Mike in Ohio,
    i emailed you a few weeks ago about HomEq/ Ocwen but never did receive and information about robo signers or illegally charging homeowners with new charges ,”junk fees, after taken over by ocwen, and under a Chapter13 plan .
    Tomuchbull61@yahoo.com

  18. I am in Cincinnati Ohio…the foreclosure was initiated for the same as everyones…a ” default” on the mortgage. My point was that the last QWR was sent after nearly 2 years of non payment(or servicer manufactured default) and it was assigned to someone and in court in less than a month!!! I was ready to go to court and sent the QWR to call them out…and they quickly answered with foreclosure.
    I received a letter with the servicing records that reads ” in response to your QWR will proceed with foreclosure”…this is why they will have to pay my lawyer…losers…

  19. As usual, the debt collector pretender lenders are operating outside the law. Unless the AG actually brings a lawsuit against them, they will continue to operate outside the law. Criminal charges need to be made against these “banks”. Until you hit them in the head with a 2X4, they will continue to illegally foreclose on people’s homes. Did everybody forget–this entire Ponzi scheme is illegal from day one. Why should they start being honest now? http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  20. The banks are overwhelmed, insolvent, and uncooperative to say the least. Read the ABA’s take on QWRs here:

    http://www.ababj.com/blog/185.html

    Banks report that some requests resemble a legal complaint, demanding paragraph-by-paragraph responses to numerous and meticulous queries. Such requests are often frivolous and based on fictitious claims. The complaints are extremely burdensome and time-consuming in terms of response time and effort.

    In many instances QWRs interrupt legitimate efforts to accommodate mortgage modification requests by deserving individuals and divert bank resources from helping qualified borrowers to wasting time on individuals that intend to simply game the process to their own ends.

  21. This is my servicer too. When we sent out our QWR it was about half as extensive. AHMSI replied 4 months latter saying we are not the loan originator (although proven that they are) and the rest of the questions are in house documents, we don’t have to respond. Although, working through the Department of Corps in California they are responding to the letters but only sending documents I already have and not the ones I’m requesting. They also do not answer questions even though I include or explain in law why they must answer.

    When was this sent out ? I’d sure like to find out how, if, and when they respond.

  22. Be sure to acquaint yourself with Damages for failure to answer QWR. My previous reply on this topic shows the link for info about damages and other issues with QWR based on Dodd-Frank Act.

    I’ve read that some banks are claiming the “overburdensome” excuse, but I’m not sure they can legally do that. But hey, we know they don’t bother to check legality before they make decisions.

    I suspect that with all that is blowing in the wind toward BoA, the pot will be empty before the “little people” get any restitution.

  23. @FKA What city and state are you located in? What was the basis for initiating the foreclosure?

    I received a response from my servicer’s Regulatory Complaint Coordinator stating that they had no record of my QWR. I have proof that it was received and forwarded to their Compliance Department. At least I now know my complaint came up on the Office of the Comptroller of the Currency’s (OCC) radar. My online complaint to the OCC triggered a response from my servicer.

    I gladly sent them and the OCC signed copies of my original QWR, signature verification and email verification as well. I wish I had known about and referenced the Dodd- Frank Bill to counter my servicer’s totally unreasonable requirement for $10 a page (in advance) for copies of my loan documents.

    A nation of laws–yeah right!!

  24. this is my note/mortgage servicer, my self, 5 different law firms, the missouri attorney general, the consumer credit counselling service, two us senators, have sent over 30 written request, and now 9 seperate “QUALIFIED WRITTEN REQUEST LETTERS” have been sent to our original lender, and the server over the past 4+ years and they have only responded to less than 2% of the information. this (new Post) has ask for 98% of the same information we have ask for only to be denied. this is great that some one else is trying to obtain the same information i need, I would love to be in contact with the law firm, or lawyer who (helped) write the above “REQUEST” he/she is very smart, and they ‘GET IT” I am going to give a copy of this letter to my law firm even tho i know he does not get it. I wish this form also was complete so we could at least know the name and location of the people involved. and when it was sent great work, larry and lena

  25. FYI

    The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010. The Act changes the timelines for qualified written requests (QWRs), prohibits various servicing practices, significantly raises the stakes for certain RESPA violations, and makes a few TILA changes.

    Shorter QWR Timelines

    Servicers now have less time to acknowledge and respond to QWRs. The Act changes the acknowledgment deadline for QWRs from 15 days to only 5 days. The Act also changes the substantive response deadline from 60 days to just 30 days. It does allow a 15-day extension, if the borrower is notified of the extension and the reasons for the delay; but even with the extension, the time frames are still short enough that servicers must act quickly. Procedures for promptly responding to QWRS are now even more imperative.

    http://www.usfn.org/AM/Template.cfm?Section=USFN_E_Update&Template=/CM/HTMLDisplay.cfm&ContentID=16355

  26. To Gwen can you post your cleaned up version so that I can use this in Ohio, I am a smart Pro Se and I am very interested in helping others in our area..
    or email this to me at mike@cleanresources.net

  27. Wow ok now that alot of people are sending this in to their loan service company. Why would they even respond to this. What fines? How Much? Most do not have the money to fight them. So they pay the fines and still foreclose. If the fines where 300k then they may think twice about not telling the truth. How much can one get if they do not answer this QWR correctly?

  28. THIS IS FABULOUS FOR A COUPLE OF REASONS: Firs use it prior to filing suit even if you don’t think you will pursue RESPA to get the potential defendants to answer on the claims you think you may have. If they answer, which may be doubtful, you will know where they are coming from (or not coming from). If they don’t answer, then it will be a way to show the judge on the case that they stonewalled you before you filed suit –tell the judge you were trying to figure out what your claims might be and this was a way to do that but when they refused to answer you had no choice but to sue on multiple theoris. We used to write a leetter in civil rights cases before we filed suit (because of the threat of sanctions that we were not investigating our claims prior to filing suit) and try to get the defendants to answer. When they did not answer and they then filed a motion for sanctions after we filed suit, we would point to the letter saying “Your honor we tried but they refused to communicate with us”. Its a good way to tell the judge you did your due diligence prior to filing suit. After filing suit, usethe questions in this post to compose your interrogatories as well as your request for admissions and request for production of docs. Its a good way to make sure you are asking all the right questions. Also, use the cites in this post as a basis for a Motion to Compel answers to interrogatories or rquests fo production. You can “shepherdize” the cases to see if there are similar cases in your own state. That ALR reference is a great tool too. You can also use the cites in this post to oppose a Motion for Sanctions that you are overreaching in your discovery as the case cites show the relevance of what you are asking for. Or use the case cites as a bsi for a Motion for Summary Judgment or Partial Summary Judgment for yoursel or to oppose the defendants’ Motions for Summary Judgment. THIS IS A GREAT POST–WHERE DID THIS COME FROM AS I DO NOT NOTE WHO THE AUTHOR IS???? Obviously it is a texas case given the cites to texas law! I’m going to use it myself today in another manner. The defendants have been stalling on discovery as they have a Protective Order in place pending ruling on some motions. I am going to send this in a cleaned up format as a letter to the BOA/BAC people outside the confines of the lawsuit’s Protective Orders and see if they will respond. If they don’t then I will tell the settlement judge in my case (I have a fed mediation scheduled for mid Feb) that I cannot get anything from the defendants. I am sure they will not reply on some garbage grounds.
    Happy New Year everyone–it will be a better year for us all next year!

  29. This is very good work…it is longer than our first Discovery request!
    I just want to warn that if you send a QWR the servicer may initiate Foreclosure…even if you are NOT IN DEFAULT. We were foreclosed on 17 days after sending a QWR for servicing records.
    They will only produce if they feel like it and will probably make up anything they do send.
    Do not do this unless you are prepared to FIGHT …having all your ducks in a row!!!

  30. VERY NICE ,, it seems as if some was cut off ,, item# 11 under 132 is incomplete …

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: