lexington dispute of debt

8/11/2019 Lexington Dispute of Debt

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Date:

NAMEAddress:

TRUSTEE:

ADDRESS:

T.S.NO.:SALE Date:A.P.N. NO.:

Loan NO.:

“Dispute of debt” To w h o m i t m a y c o n c e r n :

Pursuant to the California civil code section 2923. 52 a declaration

prior to notice of default must be signed and recorded along with the notice

of default specifying the fact that the lender had attempted to reach the

trust or of prior to the default recording which is specified in subdivision

(A) of civil code section 2923.52 and section 2923.52 B. So please take notice

that I am declaring your company as a trustee with a power of sale on behalf

of the servicing agent Wells Fargo bank to be in violation of the

abovementioned code.

Attached you will find a chain of title from the actual date of

purchase and all subsequent recordings including substitutions and

reconveyance, which constitute a perfected chain of title which the power of

sale that your organization is exercising rests upon

Therefore, Pursuant to TILA, 15 U.S.C. § 1635 and Regulation Z, 12 C.F.R. §

226.23 I am officially requesting for you to clarify the following set of questions.

As stated in the fa i r d e b t c o l l e c t i o n s p r a c t i c e a c t (1 5 U S C 1 6 9 2 g ) I’m hereby

disputing the following facts relating to the debt servicing transfer notice.

1. I’m disputing the amount owed in its entirety. Please provide proof of

the amount owed and full accounting of how this amount was calculated

2. I’m requiring a complete accounting of how each subsequent transfer and

any and all reconveyance and assignments which gives your organization

the right of foreclosure under the statutory regulations of California

to foreclose on my property i.e. the chain of title unbroken including

than the pooling and servicing agreement which assigns the power of



sale to the trustee i.e. Fidelity National title insurance company,

please make sure it includes my loan number and my instrument numbers

with a clear language assigning the trustee authority to your

organization

3. It is my understanding and belief that the Debt has already been paid

in full due to the fact that it has been securitized and converted

into stock and has been traded under ABC Trust series. The original

creditor was paid in full therefore the debt has been satisfied.

4. Therefore, I’m disputing that ABC Trust series as actual owner of the

obligation with no further proof of the same.

5. I’m further requesting the initial payment, which was made and posted

to the account from the original lender / servicer witch I, believe had

no knowledge of who the final beneficiary is. They wore obtaining the

payments for. They have violated the fa i r d e b t c o l l e c t i o n s p r a c t i c e a c t(1 5 U S C 1 6 9 2 g ) California. Sense the original beneficiary has the

right at any time to request the full amount of loan to be paid

notwithstanding the payments being made to the servicing entity!!

6. Please provide me a list of any individuals or institutions that carry an ownership rights on

the certificates, which may pertain to my loan. So as far as it was securitized by my loan

or instrument number.

Please note in accordance with mortgage electronic registration system internal recordkeeping, the

official SERVESER OF THE min# IS INDECATED AS Bank of America. And the beneficiary is aurora

servicing company. In accordance with the chain of title which is attached herein two and made a part

of this document, INDECATEING with a sequential order of recorded deeds all recorded documents on

the aforementioned property clearly indicate that an assignment of deed of trust was executed and

recorded on the following day ( ) however there has been no substitution of trustee in

accordance with California foreclosure law 2923.5 civil procedure Act. “Any record assignments must

follow with a substitution of trustee of which an affidavit must be recorded and mailed out to the

trustor indicating the same”

Furthermore The 2 declarations attached herein to and maid a part of this document have affixed

signatures of which it is commonly recognized as Robo signatures by the aforementioned individuals.

These facts along with the fact that U.S. banks as the beneficiary or the trustee of the beneficiary i.e.

the certificate holders. Cannot in accordance to the pooling and servicing agreement receive,

purchase, transfer, or assign any note of deed of trust after a notice of default has been filled and

recorded on the aforementioned property as exhibit A incorporated herein after as a part of this

document

If you are unwilling or unable to provide proof and validation of the Debt, as

I have requested within 30 days. Then you admit that the loan has been paid in



full and the Debt has been discharged and nothing is owed on this loan. This

letter acts as a self-executing DOCUMINT that you are acting out of good faith,

willingly providing false, and misrepresentation under 15 USC 1692e.

Please provide me in accordance with regulatory measures an appropriate RESPAgoodbye letter and all subsequent documents that yours organization has a fiduciaryresponsibility to provide as the trustee prior to the final public auction sell

Lastly please provide me along with the pooling and servicing agreement a complete

underwriting guideline which has been approved and distributed to the investorsencompassing my particular pool containing my loan therein. In order to verify that

the underwriting guidelines stated is within specs or within acceptable underwriting

criteria where it pertains to my loan.



I further demand that your corporation provide prove that the chain of title from the

original lender trust series and the production of a copy of the certificates of my

promissory note with the above named endorsements as governed under Laws of UCCarticle 3-205

Please be advised that under the Massachusetts Supreme Court ruling U.S. bank vs.

Ibanez that a blank assignment is not acceptable ass ignment in the event ofForeclosure or trustees sell

Consider this letter to be a self-terminating agreement should you not provide the

information necessary within 30 calendar days from the above stated date I will consider

you in violation of TILA RESPA and REG.-Z Laws and will deal with the same

accordingly

NameSIGN

Date

lexington dispute of debt

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