respa - arambula ll

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Medardo Arambula

Maritza Arambula

201 Wayne road

Albuquerque

New Mexico

Notice of Qualified Written Request

TO: CITI FINANCIAL, INC, ET AL Certified Mail Number: 7009 2820 0000 7578 8469

Mortgage address

Albuquerque New Mexico

Re: Notice of Qualified Written Request, Applicable to All Successors and/or Assigns

Name: Medardo Arambula Maritza ArambulaProperty Address: 201 Wayne road

Albuquerque, New Mexico

Property Tax ID:

CITI FINANCIAL, INC Account/Loan #: 10001

Date: September 21, 2010

Please take notice as follows:

The purpose of this Qualified Written Request is to assert my rights under the Real EstateSettlement Procedures Act (RESPA), the Fair Debt Collections Practices Act (FDCPA) and the

Truth in Lending Act (TILA) without delay and within thirty (30) days of your receipt of this

letter. While I do not wish to avoid settlement of any lawful debt, it is both my duty and right toinsure you are the proper party claiming rights to the alleged Loan/Debt in question. I hereby

request proof of claim of the alleged debt in its entirety. If you are not the proper person(s) to

answer this request, please forward to the correct party and inform me as to whom this request is

being made.

NOTICE: THIS IS A SELF-EXECUTING DOCUMENT/CONTRACT

IT IS YOUR DUTY TO RESPOND

We are the owners of certain real property located at 201 Wayne road Albuquerque, New Mexico,

which is allegedly security for a loan, hereinafter referenced as the Alleged Loan/Debt, and such

loan having CITI FINANCIAL, INC account # 10001, hereinafter referred to as Alleged Creditor,to Medardo Arambula Maritza , herein after referred to as Alleged Borrower, on Date _________.

I hereby request you provide me with the following verified (sworn to by affidavit) documentary

evidence in substantiation of the Alleged Loan/Debt claimed by Alleged Creditor (exhibit);



1. Alleged original agreement: Please provide me with a verified (sworn to by affidavit)

copy, both front and back, of the alleged original agreement and any other alleged original

security instruments in their entirety, Said affidavit is to be sworn to be true, correct,complete, and not misleading, by a properly identified and authorized officer of the alleged

creditor, who states that he or she has personal knowledge (Federal Rules of Evidence

[“FRE”] Rule 602) of the validity of said alleged original document(s).2. Allonge: Please provide me with verified (sworn to by affidavit) evidence, of any allonge,

front and back, affixed to the Alleged Borrower’s promissory note of The Alleged

Loan/Debt, for endorsements. Said affidavit is to be sworn to be true, correct, complete,

and not misleading, by a properly identified and authorized officer of your organization,who states that he or she has personal knowledge (Federal Rules of Evidence [“FRE”] Rule

602) of the validity of said alleged original document(s);

3. Allonge: Please provide me with verified (sworn to by affidavit) evidence of any allonge,

front and back, affixed to the original alleged agreement or any other security instruments.Said affidavit is to be sworn to be true, correct, complete, and not misleading, by a properly

identified and authorized officer of your organization, who states that he or she has

personal knowledge (Federal Rules of Evidence [“FRE”] Rule 602) of the validity of saidalleged original document(s);

4. Inspection of Document(s): Please provide me with the date, time, and place convenient

to Albuqueque, New Mexico, that I can personally inspect the Original Promissory Note

associated with The Alleged Loan/Debt and any other alleged Original security instrumentsin their entirety relevant to The Alleged Loan/Debt;

5. Custodian of Document(s): Please provide me with the name, title, and address of the

natural person custodian of the alleged original agreement, original promissory note, any

allonge, and of any other alleged original security instruments;

6. Address of physical location of document(s): Please provide me with the address of the physical location of the alleged original agreement and any other alleged original security

instruments if different from “(5)” above.

7. Holder in Due Course: Please provide me with verified (sworn to by affidavit) evidence

sworn to be true, correct, complete, and not misleading, by a properly identified andauthorized officer of the alleged creditor, upon his or her personal knowledge (FRE Rule

602) stating that the Alleged Creditor is, indeed, the secured party and holder in due course

of the aforesaid alleged original agreement in issue and alleged Loan/Debt and has anenforceable perfected security interest therein pursuant to and in compliance with the

Uniform Commercial Code (“U.C.C.”) Section 9-203, Section 9-204(1), and Section 9-

305, or equivalent sections of the Commercial Code of New Mexico;

8. Proof of Value Given: Please provide me with verified (sworn to by affidavit) copies, both front and back, of all documents and records with respect to the aforesaid alleged

agreement and Alleged Loan/Debt from the beginning, including but not limited to, any

and all lender issued cancelled certified checks, cashiers’ checks, money equivalents or

similar instruments, identified as or evidencing assets provided by the Alleged Creditor and/or the alleged original creditor to me and indorsed by me;

9. Deposit slip and cancelled check: Please provide me with a verified (sworn to by

affidavit) copy of the deposit slip for the deposit of my alleged agreement in its entirety by

the alleged creditor associated with the above alleged account/file number, and a verified



copy of the cancelled check issued by the alleged creditor as payor in payment for my

alleged agreement in its entirety and any other alleged related security instruments;

10. Affidavit of debt & damages: Please provide me with a sworn affidavit of debt anddamages incurred, sworn to be true, correct, complete, and not misleading, by a properly

identified and authorized officer of the alleged creditor, hereinafter “affiant,” upon his or

her personal knowledge (FRE Rule 602) stating that the Alleged Creditor providedconsideration to me, the alleged debtor, from the assets they had on hand before the allegedcredit was made, and incurred a financial loss under the full and complete alleged original

agreement and alleged Loan/Debt, and state each and every loss that the alleged creditor

has incurred to date under the alleged Loan/Debt in issue;

11. Please provide me with a sworn affidavit, that affiant has personal knowledge (FRE Rule602) regarding the facts of the alleged Loan/Debt and is the original custodian of the books

of entry, or directly supervises said original custodian of the records.

12. Bookkeeping journal / account ledger entries: Please provide me with a verified (sworn

to by affidavit) copy of the complete set of original bookkeeping journal / account ledger

entries associated with my alleged agreement and alleged file/account number usingGenerally Accepted Accounting Principles per 12 U.S.C. § 1831n, showing all debits and

credits and identifying the source(s) and amount of the credit funds/assets; Note: Theverifying affidavit of journal / account ledger bookkeeping entries is to be completed by the

original custodian of the books and records, sworn to be true, correct, complete, and not

misleading. Further, said affidavit shall contain positive identification of the custodian, andstate that he or she has personal knowledge (FRE Rule 602) of said entries.

13. 2046 Balance Sheet: Please provide me with the 2046 Balance Sheet, as it relates to the

original “loan.” This is a Mandatory filing pursuant to Title 12 U.S.C. 248 & 347.

14. S-3A: Please provide me with the S-3A Registration Statement related to Original

“Agreement.”15. Certification of authority: Please provide me with a verified (sworn to by affidavit)

certificate of authority from the State of New Mexico authorizing your company to transact

business in the state of New Mexico and a photocopy of your State Department of

Commerce and Insurance certificate.

16. Form 1035: Please provide me with Department of the Treasury Form 1035 Custodian of Documents attached or associated with the alleged original agreement and /or the name and

address of said custodian as per “5” above;

17. Form 1099: Please provide me with Department of the Treasury Form 1099 Original Issue

Discount for each year the Alleged Creditor was holder in possession of the alleged

original agreement and original promissory note;

18. Vendor sales slips/vouchers: Please provide me with verified (sworn to by affidavit)

copies of all original sales slips/vouchers from all alleged vendors covering all alleged

transactions in the above referenced file/account from its inception to date.

19. Account Information: Please provide me with a verified (sworn to by affidavit) copy of

the account number, institution name, and address, from which the money came to fund

The Alleged Loan given to the Borrower.



20. Insurance Policy on promissory note: Please provide me with a verified (sworn to by

affidavit) copy of the insurance policy on Alleged Borrower’s promissory note associated

with the Alleged Loan.

21. RC-S, RC-B: Please provide me with verified (sworn to by affidavit) copy of the Call

Schedules, RC-S and RC-B Forms for the period covering The Alleged Loan.

22. Deposit slip for promissory note: The deposit slip for the deposit of the Alleged

Borrower’s promissory note associated with the Alleged Loan.

23. Withdrawal of funds: Please provide me with verified (sworn to by affidavit) a copy of the order authorizing the withdrawal of funds from Alleged Borrower’s promissory note

deposit account.

24. Current holder of promissory note: Please provide me with verified (sworn to by

affidavit) a copy of the name and address of the current holder of the Alleged Borrower’s promissory note.

25. Lender CPA for period of The Loan: Please provide me with verified (sworn to by

affidavit) a copy of the name and address of the Lender’s CPA and Auditor for the periodcovering the Alleged Loan execution.

26. 424 b- 5: Please provide me with the 424 B-5 Prospectus

27. FASB FORMS: Please provide me with Forms FAS 125, FAS 133, FAS 140, FAS 5,AND FAS 95 associated with the alleged original agreement

Note: This Qualified Written Request is not a request for confirmation that you have mere

photocopies of alleged documents. I am requesting ONLY VERIFIED DOCUMENTARY

EVIDENCE in validation of the Alleged Loan/Debt pursuant to the FDCPA and RESPA.

Warning: That all your communications and omissions will be made a part of and

incorporated into any litigation arising from this matter.

I extend to you, thirty (30) days from the date of your receipt of this Qualified Written Request to perform in compliance with verifying the alleged Loan/Debt as requested above per FDCPA and

RESPA mandates. I will consider a reasonable extension of time–only for the production of

verified documents–should you need more than the thirty (30) days if you request it in writing to

the address below. Your failure to perform as herein requested will show bad faith and willestablish the fact that you are using abusive, deceptive, false, and unfair collection tactics against

me as a consumer. Furthermore, if you remain silent to this request or are unable to verify theLoan/Debt as above, the legal concepts of estoppel by acquiescence and tacit admission will comeinto play whereby the alleged Loan/Debt will be admitted invalid, a nullity, and unenforceable, and

thereby repudiated in its entirety ab initio.

In the interim, you are prohibited from any contact with me, the undersigned, except in writing,

and only in regards to the matters herein expressed. All debt collection activity– includinglitigation– is to cease per FDCPA § 1692g(b) “… the debt collector shall cease collection of the

debt, or any disputed portion thereof, until the debt collector obtains verification of the debt…”



Mandatory reply to undersigned: That all of the above demanded verified evidence, sworn to by a

competent witness per FRE Rule 602, should be sent to me, Medardo Arambula Maritza

Arambula, the undersigned, as indicated at the address below within the above-mentioned thirty(30) days from your receipt of this Qualified Written Request. Please do not send any reply

correspondence to me at any other mail location except as follows:

Medardo Arambula Maritza Arambula

201 Wayne road

Albuquerque

New Mexico

Exhibits: All exhibits attached to this Qualified Written Request are incorporated by reference

herein.

This is the Alleged Borrower’s good faith attempt to clear up any confusion in this matter before

taking any further actions. Failure to respond within thirty (30) days of receipt will be deemed a

dishonor of this Notice and Demand for Full Disclosure.

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

Signed with reservation of all rights,

By: ___________________________________

Edward Arambula

FOR: Medardo Arambula

Maritza Arambula

Certificate of Mailing to accompany— Mail through Notary

EXHIBITS:

1. Collections letter—Talor, Bean & Whitaker, dated August 13, 2009

2. Servicing/Change of Loan Number—Omni American, dated April 15, 2009

3. Novation Offer—RoundPoint, dated April 16, 2010

CC: SEND TO EVERYONE ON YOUR MORTGAGE DEED OR DEED OF TRUST AND ANYONE

ELSE THEY HAVE CHANGED FROM THE ORIGINAL