Initial letter to lender Verification of Proof of Claim Requested

If you are behind on your mortgage payments, or you are facing a foreclosure, and you want to stop your foreclosure than this proof of claim request can help you gather the information that you need, and buy some time so that you can mount a proper defense, to save your home from foreclosure.

In addition to this proof of claim letter this Free Federal Debt Validation Letter can also help you in your fight for legal remedy;

Federal Debt Validation (DVL) #1

 

Name ________________________________________

Address ______________________________________

City, state, zip ________________________________

Date ___________________

 

 

Lender__________________________________________

Address_______________________________________________________

City, state, zip_________________________________________________

 

Re:      Property Address: ______________________________________________

Loan Number: ________________________________

 

Good Faith Discovery Notice: Verification of Proof of Claim Requested

 

Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent.

 

Dear (lender) ________________________________________,

 

Under the Truth in Lending Act pursuant to 15 USC §§ 1601-1667j (full disclosure), I have a right to know who the true party of interest in this transaction is.  As such, I am asking you to stipulate whether you are the holder in due course for my promissory note.   If you are not the holder, then you admit to being the servicer of this obligation.

 

Please also stipulate for the record whether or not my loan has been securitized, and if so, the name of the REMIC/Trust my loan is bundled with.

 

Pursuant of U.C.C. – ARTICLE 3 -§3-501 (b) 2 (1), I am entitled to demand presentation of the negotiable instrument.  That demand is hereby ordered.  I demand that you present for my visual inspection MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE and allonge in Cook County.  This is required to establish your right of enforcement as Holder in Due Course via a chain of assignment as evidenced by the Note or Allonge.  Claiming to be the “the holder in due course” as a statement is insufficient proof of status and is/will be rejected.  A photocopy of the documents is insufficient proof as it does not answer the question of who CURRENTLY is the rightful and lawful holder in Due Course.

 

If you are unable to provide this proof as I have requested within 30 days, then you admit to not being a party of interest and can not rightfully enforce your claim under U.C.C. – ARTICLE 3 § 3-301.

 

Under Title 12 § 226.39 (regulation Z) part (a), a servicer does not have the rights of a holder in due course and therefore, do not have the right to foreclose.  You are hereby given notice that any attempt to foreclose on my property will be construed as prima fascia evidence that you are committing fraud.

 

In a recent case law, it was ruled as follows:

 

It is the creditor’s responsibility to keep a borrower and the Court informed as to who owns the note and mortgage and is servicing the loan, not the borrower’s or the Court’s responsibility to ferret out the truth…

 

It is worth repeating as a warning to lenders and servicers that the rules of this Court apply to them.  Their private agreements and the frenzied trading market for mortgages do not excuse compliance with Bankruptcy Rules any more than they would justify ignoring the Bankruptcy Code.

 

(In re Nosek, 406 B.R. 434, 440 (D. Mass 2009) bankruptcy trial court decision) Under US Code TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692g part b), this debt is now officially in dispute.   By law, all collection activities must cease until this matter is resolved.  You are hereby given notice.  Blatant disregard for this law is subject to fines by the FTC.  You are advised to consult legal council on this matter. 

 

I am giving you formal notice that failure to respond to this letter through a verified and validated proof of claim within 30 days as I have asked for, point for point will be taken as an administrative default.

 

Please be advised.  A COPY of the said Note and or an Affidavit of Loss or any other forms will not be acceptable.

 

Please contact me in writing to arrange for an appropriate point of inspection in (city):_____________________________________,              (county) __________________ (state), _______________________________.

 

Litigation is very expensive and should be avoided at all cost.  This is my good faith attempt to resolve this matter before I am forced to litigate against your company in both state and federal court.  I am pleading with you to resolve this matter privately and civilly as to avoid burdening our courts with this matter. If I have to, I will see you in court.  This is not an idle threat.

 

Please take this matter seriously.

Sincerely,

 

FRAUD STOPPERS Administrative DocumentsIf you are in foreclosure or you have lost your home to foreclosure and you want to sue for mortgage fraud or foreclosure fraud, FRAUD STOPPERS PMA can help you save time and money, and increase your odds of success, with a court ready Quiet Title or Wrongful Foreclosure lawsuit package. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) call FRAUD STOPPERS PMA today because our prove system can help you fight to save your home from foreclosure fraud and/or mortgage fraud. Our court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Packages includes a turnkey complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save thousands of dollars in legal fees and help you increase your odds of success. For payment options or more information on this court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package please contact FRAUD STOPPERS PMA today at 844.372.8378 or open a case file for a Free Mortgage Fraud Analysis and Bloomberg Securitization Search to see if your current mortgage loan situation qualifies for a Quiet Title or Wrongful Foreclosure lawsuit today.

 

Take action right now and get the FACTS and HELP that you need to gain the legal remedy that the law entitles you to, and that you deserve!

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