Home    About Us    FAQs    Contact Us

Response to Lenders Notice of Default

download pdf button

 

JOHN DOE
123 Happy Streets
Anytown, USA 12345
April 1st 2013
TO: Big Bad Banker
Attn: Deb Validation
5555 Bankers DR,
New York, NY 12345
Re: Property Address: 123 Happy Street, Anytown, USA
Loan Number: 123456789
RESPONSE TO LEGAL NOTICE # 12457814 TS No. 12-2548745

Notice of Default
Dear Big Bad Banker,
I am hereby disputing the following facts stated in an administrative
notice dated June 18, 2010
Paragraph A States that I owe BAC Home Loans Servicing, L.P. the
amount of $345,430.91. I herby deny this claim in its entirety.
This issue has been already dealt with through administrative process as
follows:
On April 27 2010, I (JOHN DOE) sent to BAC Home Loans servicing via certified mail a Qualified Written Request requesting the
original wet ink signature to establish proof of claim within 30 days. BAC Home Loans servicing only provided a photocopy of the Deed of Trust and Promissory Note made years ago. As well the copy provided did not say anywhere on it that it was owned by BAC Home Loans servicing and no documents supporting this alleged fact were sent.
On May 21 2010, I (JOHN DOE) did send to BAC Home Loans servicing via certified mail a second Qualified Written Request requesting proof of claim. With this second request, I (JOHN DOE) informed that should BAC Home Loans fail to produce proof of claim within 21 days, they will have exhausted their administrative remedy under a private administrative process and tacit agreement contract. BAC Home Loans servicing again only provided a photocopy of the Deed of Trust and Promissory Note made years ago with no proof that this note was even in the possession of BAC Home Loans servicing and showing no evidence of
transfer while ignoring the Plaintiff’s request for verification of debt as required under the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA).
On June 2 2010, I (JOHN DOE) did send to BAC Home Loans servicing via certified mail a third Qualified Written Request requesting proof of claim. With this third request, I (JOHN DOE) informed that should BAC Home Loans fail to produce proof of claim within 15 days, they will have exhausted their administrative remedy under a private administrative process and tacit agreement contract. BAC Home Loans servicing failed to provide any documentation as required under the Real Estate
Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA). BAC Home Loans servicing was specifically asked to stipulate whether or not they were a creditor in the loan transaction. This question was ignored in the BAC Home Loans servicing response. BAC Home Loans servicing was asked pointedly and specifically whether or not they are the Note Holder in Due Course. This question was ignored in the BAC Home Loans servicing response.
In response to the BAC Home Loans servicing inability to produce sufficient proof of claim, on June 16th, 2010, I recorded a Notice of Default in the WEBER COUNTY RECORDER’s Office on BAC Home Loans servicing for lack of proof of claim. I (Michael Waters) notified BAC Home Loans servicing and gave BAC Home Loans servicing the opportunity to contest the Notice.
BAC Home Loans servicing is either ignorant of due process of civil procedures or have admitted their guilt in this matter. BAC Home Loans servicing was given numerous opportunities to respond to this matter but have chosen to remain silent.

 

An Affidavit unrebutted stands. BAC Home Loans servicing has not offered any rebuttal to the Notices (entered No Contest). Therefore, through estoppel via acquiescence, BAC Home Loans have exhausted their administrative remedy in this matter. The BAC Home Loans servicing have had their opportunity to be in honor but have chosen not to provide valid proof of claim through their actions.

 

Furthermore a civil action has been filed in the Cook county court. Case # 100904837WBW as a PETITION FOR VERIFICATION OF DEBT ELSE RELEASE OF CLAIM BAC Home Loans servicing signed for the receipt of this notice on July 6th 2010 and I am awaiting a response to my civil claim. I will include for your review with this letter a notice to Cease and Desist. A Notarized copy of this document was already sent to you on July 09 2012, but I will send you another for good measure.
I am also including a copy of the Lis Pendens as is recorded in the Cook County Recorder’s Office Document #123456789 IF RECONTRUST CONTINUES ANY FURTHER ACTION AGAINST ME ON THIS MATTER I WILL BE ADDING RECONTRUST TO MY CIVIL ACTION CASE AS AN ADDITIONAL DEFENDANT #100904873WBW. Furthermore I require a response (Within the next 30 days) from RECONTRUST COMPANY that you have recused yourself from this foreclosure action. If no response from RECONTRUST COMPANY has been received within 30 days it will be assumed that my request has been ignored and you will be added to the civil action that is already pending against BAC Home Loans servicing civil action # 100904873WBW as a default action against you. Additionally I will be seeking damages under the fair debt collections act govern yourself accordingly.
Sincerely _____________________ Date: _______________________
NOTARY
I, __________________________, a notary public residing in Cook County,
ILLINOIS State,
Do say that on the date of ___________, 2010 that a man known to me as BOB
SMITH did
Appear before me in his true character and did attach his autograph to the
above document.
_______________________________________________
NOTARY date
Seal_________________________
___________________________________
___________________________________
___________________________________
___________________________________
TO: ______________________________
Attn: Deb Validation
______________________________
______________________________
Re: Property Address: __________________________________________
Loan Number: ____________________
RESPONSE TO LEGAL NOTICE #______________________________________
Notice of Default
Dear ____________________________,
I am hereby disputing the following facts stated in an administrative notice dated _________________ Paragraph A States that I owe _______________________________________. the amount of ___________________. I Herby deny this claim in its entirety. This issue has been already dealt with through administrative process as
follows: On______________________________________________________________ via certified mail a Qualified Written Request requesting the original wet ink signature to establish proof of claim within 30 days. __________________________________ servicing only provided a photocopy of the Deed of Trust and Promissory Note made years ago. As well the copy provided did not say anywhere on it that it was owned by
__________________________________ and no documents supporting this alleged fact were sent.
On ___________________________________ did send ______________________________________ via certified mail a second Qualified Written Request requesting proof of claim. With this second request, ___________________________________________ fail to produce proof of claim within 21 days, they will have exhausted their administrative remedy under a private administrative process and tacit agreement contract. ______________________________ servicing again only provided a photocopy of the Deed of Trust and Promissory Note made years ago with no proof that this note was even in the possession of BAC Home Loans servicing and showing no evidence of transfer while ignoring the Plaintiff’s request for verification of debt as required under the Real
Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA).
On June 2 2010, I ___________________________________________________via certified mail a third Qualified Written Request requesting proof of claim. With this third request, I __________________________________ informed that should __________________________________ fail to produce proof of claim within 15 days, they will have exhausted their
administrative remedy under a private administrative process and tacit agreement contract. __________________________________ failed to provide any documentation as required under the Real Estate Settlement
Procedures Act (RESPA) and Truth in Lending Act (TILA). __________________________________ was specifically asked to
stipulate whether or not they were a creditor in the loan transaction.
This question was ignored in the ______________________________response.__________________________________ was asked pointedly and specifically whether or not they are the Note Holder in Due Course. This question was ignored in the __________________________________. In response to __________________________________ inability to
produce sufficient proof of claim, on ___________________________________________________________
RECORDER’s Office on __________________________________ servicing for lack of proof of claim. I (Michael Waters) notified __________________________________ and gave __________________________________servicing the opportunity to contest the Notice.__________________________________ is either ignorant of due process of civil procedures or have admitted their guilt in this matter. __________________________________ was given numerous opportunities to respond to this matter but have chosen to remain silent.
An Affidavit unrebutted stands. BAC Home Loans servicing hasnot offered any rebuttal to the Notices (entered No Contest). Therefore,through estoppel via acquiescence, BAC Home Loans have exhaustedtheir administrative remedy in this matter. The BAC Home Loansservicing have had their opportunity to be in honor but have chosen not to provide valid proof of claim through their actions.
Furthermore a civil action has been filed in the __________________________________.

Case # __________________________________ as a PETITION FOR VERIFICATION OF DEBT ELSE RELEASE OF CLAIM
__________________________________ servicing signed for the receipt of this notice on ______________________and I am awaiting a response to my civil claim.
I will include for your review with this letter a notice to Cease and Desist. A Notarized copy of this document was already sent to you on ___________________, but I will send you another for good measure. I am also including a copy of the Lis Pendens as is recorded in the_______________________________________________________________________.
IF __________________________________ CONTINUES ANY FURTHER ACTION AGAINST ME ON THIS MATTER I WILL BE ADDING __________________________________ TO MY CIVIL ACTION CASE AS AN ADDITIONAL DEFENDANT #__________________________________. Furthermore I require a response (Within the next 30 days) from
__________________________________ that you have recused yourself from this foreclosure action. If no response from
___________________________________ has been received within 30 days it will be assumed that my request has been ignored and you will be added to the civil action that is already pending against ____________________________________
as a default action against you. Additionally I will be seeking damages under the fair debt collections act govern yourself accordingly.
Sincerely _____________________ Date: _______________________
NOTARY
I, __________________________, a notary public residing in ______________
County, _______________ State,
Do say that on the date of ___________, 2010 that a man known to me as
______________________________ did appear before me in his true character and
did attach his autograph to the above document.
__________________________________ _____________
NOTARY date
Seal_________________________