template of a letter questioning the lender( 1 of many)

Upload: armond-trakarian

Post on 02-Jun-2018

217 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    1/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    REQUESTING TO PRODUCE DOCUMENTS, INTERROGATORIES AND REQUEST FOR ADMISSIONSTHIS NOTICE OF COMMERCIAL GRACE IS THE FINAL OPPORTUNITY TO RESPOND AND CURE

    AND INTENT TO INSTITUTE REMEDY

    Respondent , and beneficiary as holder in due course (Alibi)

    Consider this as point per point requests as required by law. I am requested that you provided proof of

    claim. A copy of the security instrument is not a sufficient proof of claim as per U.C.C. - ARTICLE 3 -3-

    501 (b) 2 (1). Under this code, I am entitled to have the instrument presented to me as you are required

    to upkeep the legal document entrusted to you.

    Under USC Title 18 Chapter 25, you are engaging in counterfeiting and such behavior is a felony.

    (AnimusFurandi) Providing a photocopy of a security instrument is not only unconscionable but is

    illegal. I had asked for the visual inspection of the original promissory note, not a copy.

    If you do not provide any proof to sufficiently satisfying your claim under U.C.C. - ARTICLE 3 -3-302that (Animus) you are a note holder in due course. And further as stipulated in your judgment

    Requestfor information. Ocwan is ordered herein to provide such information under 15 U.S.C.

    6802(e) (1) (A), (5)

    The following are points to reassert in regards to my debt dispute

    first material fact - deed of trust recorded in favor of new century mortgage Corporation

    instrument number by Commonwealth title duly stating that new century

    mortgage as lender and American title Company as trustee allegedly notarized December 17,

    2001 without official notary seal affixed on the document allegedly signed by (

    However you will find attached a handwriting expert report stating that this is not the trustor

    signature that in fact it was forged) and as an affidavit the trustor believes and upon that belief

    states that this is not his signature that he was materially altered and he was not informed of the

    said alterationConsensus Ad Idem)

    Homeowner Bill of Rights (Civil Code 2924.17(c).) (Civil Code 2924(a)(6).) As determined by professional circles a sign of the fictitious

    individual for which California civil code h a s mandated that any title which possesses a signature of this type makes a non-judicial

    f o r e c l o s u r e null and void!! WILLFUL BREACH OF UNIFORM COMMERCIAL CODESARTICLE 3; WILLFUL DISREGARD OF THE FAIR

    DEBT COLLECTION PRACTICES ACT (15 USC 1692G); KNOWINGLY VIOLATING T H E REAL ESTATE SETTLEMENT PROCEDURES ACT, 12 U.S.C.

    SECTION 2605(E). UPON RECEIVING TRUTH IN LENDING ACT (TILA),REQUEST WHICH REQUIRED FULL DISCLOSER 15 U.S.C. 1635(I)

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    2/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    Second material fact - A notice of default and election to sell was filed instrument numberTD service Company as trustee and provident bank as the servicer of the said noteno prior

    assignments or substitutions the trustor paid $ 50,000 to bring it current document thatshould

    have been claimed void due to the void nature of the deed of trust

    third material fact - next document recorded entitled assignment of deedof

    trust initiated by PCFS financial services signed as new century mortgage Corporation as the

    shipping manager not an officer of the said corporation also a well-known Robo signer please see

    NINTH JUDICIAL CIRCUIT CASE NO: 2011-CP-10-1648 STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON please

    Note that in California it is illegal to foreclose on a property with Robo signing as a breach of chain of title and not

    within state regulations

    Fourth material fact - notice of default was filed on instrument number 0 1

    indicating Fidelity National foreclosure solutions as the trustee. Which the trustor paid 50,000 to

    cure the default on

    fifth material fact - on lone Star mortgage service LLC acting as trustee cause the

    recordation of a notice of default indicating new century mortgage as the beneficiary signed as

    lone Star mortgage service LLC as agent for the current beneficiary by American title insurance

    company as attorney in fact the trustor paid $50,000 to bring this current

    six material fact - on 9/8 /2005 CB loan asset management LLC cause the recordation of an

    assignment of mortgage instrument number provident bank assigning the mortgageto US Bank national Association as trustee under the pooling and servicing agreement dated as of

    March 2002 Morgan Stanley Dean Witter capital Inc. trust 2002NC (A RAMIC Pool at that) Cestui

    Que Trust or Cestui Que Use)the document was signed by a not sure if vice president of provident

    bank or Litton loan servicing LP both are mentioned as attorney in fact for provident bank it stated

    on the bottom and I would presume it was signed by attorney in fact law signer must be an officer

    of theCorporation. Please note that this conveyance happened in 2005 long after that pooling and

    servicing contract had come to an end therefore attached pooling and servicing agreement does

    not indicate anywhere the instrument number or lone number of the said property. Where did it

    go!

    Legal title. [Citations.] ... [A] forged document is void ab initio and constitutes a nullity; as such it cannot provide the basis for a superior

    title as against the original grantor.' [Citations.]" (Id. at pp. 379-380.) A forgery includes a "`false making of a writing'" that "`falsely

    p u r p o r t s to be the writing of another.'" (Wutzke v. Bill Reid Painting Service, Inc. (1984) 151 Cal.App.3d 36, 41-42 [198

    Cal.Rptr. 418], italics omitted.) A deed that has been materially altered after it was signed is a forgery. (Montgomery v. Bank of America

    (1948) 85 Cal.App.2d 559, 563 [193 P.2d 475] ["Since the deed was altered without the knowledge, consent or approval of plaintiffs, after

    it had been signed by them and transmitted to the escrow holder, it was void."]; Wutzke v. Bill Reid Painting Service, Inc., supra, at pp. 43-

    44 [a forged deed is void].) . LAW AND ANALYSIS A party seeking to bring a case into federal court on grounds of diversity carries the

    burden of establishing diversity jurisdiction. Coyne v. American Tobacco Company, 183 F. 3d 488 (6th Cir. 1999). Further, the plaintiff

    bears the burden of demonstrating standing and must plead its components with specificity.Coyne, 183 F. 3d at 494; Valley Forge

    Christian College

    v. Americans United for Separation of Church & State, Inc., 454 U.S. 464 (1982). The minimum constitutional requirements for standing

    To be replaced by your particular set of violations pertaining to property

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN, NEW CENTURY, OCWE

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    3/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    please note the reason that I have itemized the chain of title as so you can see there are multiple

    violations the trustor paid a combined total of $200,000 in foreclosure fees, yet as the

    document was supposed to be inspected by a title officer nobody mentioned that there was no

    notary seal recorded on the initial deed of trust therefore he was not aware that his name wasforged on the aforementioned deed as well Crimen Omnia Ex Se Nata Vitiat).Please note the deed of

    trust constitutes your main agreement between the trustor and the beneficiary and the agent the

    trustee. Forged deed is void in any state you cannot deliver clear title from forgery, further the

    adman of no notary seal, violates both the notarial laws of California i.e. no instrument has been

    created because it bears no seal therefore to sell or to convey this document without the seal is

    against the securities regulation and securities exchange commission would not take it lightly.

    Since it was allegedly put as a part of a pooling and servicing agreement and every subsequent

    transfer was done illegally (I would highly suggest for you to contact, Commonwealth title since

    by law they are the ones responsible to record a valid document not a forgery , Actus

    Reus)with no notary seal they should refund in accordance with the insurance ALTA policy to thebeneficiary the full amount of the loan) further material facts the trustor has been solicited by

    OCWAN servicing company a multitude of times to sign a modification agreement sight unseen

    Qualified. The difficulty with this scenario is the trustor advanced years of 80 and the fact that a

    modification would extend further 30 years unfortunately there is no insurance company that

    has projections of 110-year-old man paying payments on a mortgage, makes thiselder abuse

    andin violation of fair debit collection act. (Predatory Lending tactics) i.e. believe ocwan

    servicing has been ordered to pay considerable sums for this exact violation. Case 1:14-CV-01028-

    RMC The reduction of principal, well this is your chance CONSUMER FINANCIAL PROTECTION

    BUREAU, STATE AUTHORITIES ORDER OCWEN TO PROVIDE $2 BILLION IN RELIEF

    An offer in compromise

    Audi Alteram Partem)

    we will not proceed with filing a complaint and requesting compensatory and punitive damages

    in excess of 3 times the amount of loan (Actio Personalis Moritur Cum Persona)and you will save

    your attorney fees furthermore you will be in compliance with your judgments to lower principal

    sums and receive benefits from the government and even further you will be allowed to collect

    from the title insurance company your fool some and we will indemnify you against any further

    action, considering the fact that the trustor has paid in excess of $400,000 for a 300 and some

    odd thousand dollar loan Ceteris Paribus)for you to reconvey dismiss and assign the note back to

    the trustor,with no further recourse is the only remedy that we seek Bona Fide)should you try toforeclose via trustee knowing that itsa forged document that would put you in criminal

    violation! and the rights of the trustor will be examined in court which will be quite costly for

    you, please consider this offer in compromise as a final one I will be in the remainder of the

    pages requesting fulldocumentation from you. Original wet signatures which you may or may

    not possess and will be preparing a case with the trustor attorney awaiting your response to file,

    I hope you will see the sense and respond positively and remove the lien from the property

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    4/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    seventh material fact - on a notice of default recorded instrument number

    indicating lone Star mortgage service LLC as a trustee further on 02 /22/07 a notice of default was

    filed instrument number 2 First American loan as trustee Litton loan servicing LLP

    signed by windy Randel First American title insurance Company as attorney-in-fact a notice

    of trustee sale was filed further on 05 /25/ 2007 instrument number 2 next relevantdocuments filed nine 2/10/2007 instrument number 2 a new notice of default and

    DEX West LLC as trustee finally ending on 01 /17/08 a notice of rescission of notice of default

    recorded by DEX West 2 instrument number signed by and DEX West LLC authorized

    agent with no substitution of trustee recorded prior to the trustor paying 50,000 to bring this

    current

    eight material fact - a substitution of trustee was filed on 05/02/2007 instrument number 2007

    First American loan start trustee new century mortgage as the beneficiary signed and

    notarized U.S. Bank national Association as trustee under the pooling and servicing agreement

    dated as of March 1, 2002 signed by assistant secretary the fact that the substitution of trusteewas filed after the notice of default requires an affidavit to be sent out to the trustor there is no

    recorded affidavit for many of these defaults

    Ninth material fact - next recorded document five 1/30/2008 instrument number

    indicating quality loan service Corp. as trustee a notice of default filed further on 06/ 24/2008

    substitution of trustee recorded by quality loan service Corp. and a rescission of

    notice of default on 08/08/2008 by the aforementioned quality loan service Corp. and the

    trustor had paid 50,000 for this as well

    10th material fact - on 10/06/ 2009 quality loan service Corp. recorded a new notice a default

    instrument number however on 11 /17/2009 a substitution of trustee was

    executed by US Bank instrument number indicating that quality loan service Corp.

    to be the new trustee .A notice of trustee sale was filed on 10/8/ 2010 instrument number

    further a notice of rescission was filed as well on 01/ 13 /2010 as instrument

    number 2 for which the trustor paid $50,000 to bring it current

    11th material fact - on 03 32,011 instrument number there was a new notice of

    default filed by First American trustee service solutions Litton loan LLP signed by First American

    trustee service solutions and on 08/ 32/2011 a substitution of trustee was recorded in favor of

    First American trustee service solutions initiated by U.S. Bank national Association followed by

    notice of trustee sale on 09/02/ 2011 instrument number followed by anothernotice of trustee sale recorded 05/07/ 2012 instrument number 20120673715

    107.085 Restrictions on trustees powerof sale concerning certain trust agreements: Applicability; service of notice; scheduling of

    date of sale; form of notice; judicial foreclosure not prohibited; unfair lendingpracticedefined. NRS 107.090 Request for notice of

    default and sale: Recording and contents; mailing of notice; request by homeownersassociation; effect of request. NRS 107.260

    Copy of note or deed of trust for authorized requester. NRS 107.020 Transfers in trust of real property to secure obligations. Transfers in

    trust of any estate in real property may be made after March 29, 1927, to secure the performance of an obligation or the payment of any

    debt.

    NEW CENTURY, OCWEN, NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

    NEW CENTURY, OCWEN,

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    5/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    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 payer in payment for my alleged agreement in itsentirety and any other alleged related security instruments;

    (d)Affidavit of debt & damages: Please provide me with an affidavit of debt and damages

    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:

    (e)

    That the alleged creditor is, indeed, the secured party and holder in due course of the

    aforesaid alleged original agreement in issue and has an enforceable 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 ofCalifornia that has the potential of the

    (ii)that the alleged creditor provided consideration to me, the alleged debtor, from the assets

    they had on hand before the alleged credit was made, and incurred a financial loss under the full

    and complete alleged original agreement and alleged debt, and state each and every loss that the

    alleged creditor has incurred to date under the alleged debt in issue; and

    (iii)

    That affiant has personal knowledge (FRE Rule 602) regarding the facts of the alleged debt

    and is the original custodian of the books of entry, or directly supervises said original custodian

    of the records.

    (i)

    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 using

    Generally 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: The

    verifying affidavit of journal / account ledger bookkeeping entries is to be completed by

    No. 1:07CV2282, et al., slip op. (N.D. Ohio Oct. 31, 2007) (Boyko, J.)COMPLIANCE WITH GENERAL ORDER 07-03 Federal Rule of Civil

    Procedure 83(a) (2) provides that a localrule imposing a requirement of form shall not be enforced in a manner that causes a party to

    lose rights because of a non-willful failure to comply with the requirement.Fed. R. Civ. P. 83(a) (2). . Nelson Construction Co. v. U.S., No.

    05-1205C, 2007 WL 3299161 at *3 (Fed. Cl., Oct. 29, 2007) (citing McNutt v. General Motors Acceptance Corp. of Indiana, 298 U.S. 178

    (1936)); see also Nichols v. Muskingum College, 318 F.3d 674, (6th Cir. 2003) (in reviewing a 12(b) (1) motion, the court may consider

    evidence outside the pleadings to resolve factual disputes Case 3:07-cv-00286-TMR-MRM Document 24 Filed 11/15/2007 Page 3 of 7 -4

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    6/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    one last point the fact that the pooling and servicing agreement shows that the trust was closed

    several years prior to the transfer, which was allegedly recorded and transferring the beneficial

    ownership to a certificate and considering the default swap the triple insurance refund and

    shadow banking hypothecation all of which violate multitude of regulations. Attached to this

    offer you will find documentation in prof of my clam ,the lace of credible proof on your part

    does not justify as the servicer to have any legal position to enforce foreclosure with this many

    material facts at play please consider yourself carefully and your position and make appropriate

    judgmentConsensus)

    Notwithstanding the above statement Please take notice as follows:

    1.Authority: That this Notice of Dispute of Alleged Debt (Notice of Dispute)is sent to you

    pursuant to Title 15, United States Code Annotated (U.S.C.A) 1692 et seq, known as the Fair

    Debt Collection Practices Act (FDCPA),the legislative purpose of which is to protect consumers

    from abusive, deceptive, and unfair debt collection practices by debt collectors;

    2.

    Your debt collection letter: That I have received and read your debt collection letter

    referenced above, identifying yourself as debt Collectors wherein you allege that I have a debt

    obligation to the alleged creditor referenced above;

    3.Purpose of this notice: That the purpose of this Notice of Dispute is to assert my rights in debt

    collection under FDCPA 1692(g) (b) without delay and within thirty (30) days of my receipt of

    your aforesaid debt collection letter;

    4.Alleged debt disputed: That I hereby dispute the validity of the alleged debt in its entirety;

    5.

    Verified documentary evidence requested: That I hereby request you provide me with the

    following verified (sworn to by affidavit) documentary evidence in substantiation of the alleged

    debt claimed by the alleged creditor referenced in your debt collection letter (see Exhibit A);

    (a)Proof of authority: Please provide me with verified (sworn to by affidavit) proof of your

    authority to represent the alleged creditor in this instant matter;

    (b)

    Real party in interest: Please verify who the real party in interest is in this debt collection

    matter;

    (3)(a) A notary public seal shall be affixed to all notarized paper documents and shall be of the rubber stamp type and shall include the

    words "Notary Public-State of Florida." The seal shall also include the name of the notary public, the date of expiration of the commission

    of the notary public, and the commission number. The rubber stamp seal must be affixed to the notarized paper document in

    photographically reproducible black ink. Every notary public shall print, type, or stamp below his or her signature on a paper document his

    or her name exactly as commissioned. An impression-type seal may be used in addition to the rubber stamp seal, but the rubber stamp

    seal shall be the official seal for use on a paper document, and the impression-type seal may not be substituted therefor.

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    7/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    (C) Alleged original creditor. Please provide me with the name and address of the alleged original

    creditor if different from the alleged creditor identified in your above mentioned debt collection

    letter.

    (f) 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 securityinstruments in their entirety, including the allonge , affixed to the original

    Alleged agreement for endorsements. 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).

    (i)Inspection of document(s). Please provide me with the date, time, and place convenient to

    (CITY, STATE), that I can personally inspect the above alleged original agreement and any other

    alleged original security instruments in their entirety relevant to the above

    Alleged debt.

    (ii)Custodian of document(s). Please provide me with the name, title, and address of the natural

    person custodian of the alleged original agreement and of any other alleged original security

    instruments.

    (iii)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 (ii)above

    .

    (g)Holder in due course. Please provide me with verified (sworn to by affidavit) evidence that

    the alleged creditor is the secured party in the instant matter, i.e., holder in due course, and has

    a perfected security interest in the aforesaid alleged agreement and alleged debt;

    (h)

    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 debt from the beginning, including but not limited to, any and all lender issued cancelled

    certified checks, cashierschecks, 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;

    STANDING AND SUBJECT MATTER JURISDICTION

    While each of the complaints for foreclosure pleads standing and jurisdiction, evidence submitted either with the complaint or later in

    the case indicates that standing and/or subject matter jurisdiction may not have existed at the time certain of the foreclosure

    complaints were Case 3:07-cv-00286-TMR-MRM Document 24 Filed 11/15/2007 Page 1 of 7 -2- filed. Further, only one of these

    foreclosure complaints thus far was filed in compliance with this CourtsGeneral Order 07-03 captioned Procedures for Foreclosure

    Actions Based on Diversity Jurisdiction. Standing Federal courts have only the power authorized by Article III of the United States

    Constitution and the statutes enacted by Congress pursuant thereto. Bender v. Williamsport Area School District, 475 U.S. 534, 541

    (1986). As a result, a plaintiff must have constitutional standing in order for a federal court to have jurisdiction. Id.Plaintiffs have the

    burden of establishing standing. Loren v. Blue Cross & Blue Shield of Michigan, No. 06-2090, 2007 WL 2726704 at *7 (6th Cir. Sept. 20,

    2007). If they cannot do so, their claims must be dismissed for lack of subject matter jurisdiction. Id. (citing Central States

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    8/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    Ocwan executive and management should we not receive a response back from you in a

    timely manner this and other documentation will be forwarded to the following

    agencies this is not a pressure tactic negotiation. We believe we have enough points

    of assertion and I believe your organization has already enough negative press and

    pressure not to want an additional one thank you for your consideration.

    CC: Ombudsman

    Attorneys General,

    State Mortgage Regulators

    The Consumer Financial Protection Bureau

    (CFPB Monitoring Committee

    BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

    Federal Deposit Insurance Corporations(FDIC) Involvement in Operation ChokePoint

    SENATE BANKING, FINANCE AND INSURANCE COMMITTEE

    California Department of Consumer Affairs Consumer Information Division

    California Office of the Attorney General Public Inquiry Unit

    Los Angeles County Department of Consumer Affairs

    Department of Business Oversight Consumer Services

    Federal Trade Commission.

    FDIC Advisory Committee on Community Banking

    Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues

    Securities and Exchange Commission Elizabeth M. Murphy,

    Securities and Exchange Commission (2012) - Authorized by Law Committees

    Federal Deposit Insurance Corporation (2012) - Presidential Committees

    Robert E. Feldman, Executive

    Department of Business Oversight (DBO)

    for relief under CivilRICOFederal racketeering laws (18 U.S.C. 1964), as the lender may have established a pattern of racketeering

    activityby using the U.S. Mail more than twice to collect an unlawful debts and the lender may be in violation of 18 U.S.C. 1341, 1343,

    1961 and 1962. The borrower may have other claims for relief if hecan prove there was or is a conspiracy to deprive him of property

    without due process of law under 42U.S.C. 1983 (Constitutional Injury), 1985 (Conspiracy) and 1986 (Knowledgeand Neglect to

    Prevent aU.S. Constitutional Wrong). Under 18 U.S.C.A 241 (Conspiracy) violators, shall befined not more than $10,000 or

    imprisoned not more than ten (10) years or both. . . Bluefield Natl Bank,11 F2d 83, 271 U.S. 669.5. A national bank has no power to

    lend its credit to any person or corporation Bowen v. Needles Nat. Bank, 94 F 925, 36 CCA 553, CERTIORARI DENIED IN 29 S.Ct 1024,

    176 US 682, 44 LED 637.6. Mr.Justice Marshall said: The doctrine of ultra vires is a most powerful weapon to keep private corporations

    within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often

    Zinc Carbonate Co. v. First National Bank, 103Wis 125, 79 NW 229.American Express Co. v. Citizens State Bank, 194 NW 430.7.

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    9/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    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, and state

    that he or she has personal knowledge (FRE Rule 602) of said entries.

    (k)Assignment contract: If applicable, please provide me with verified (sworn to by affidavit)

    proof of an assignment contract in its entirety of the alleged original agreement and the alleged

    debt in issue from an alleged original creditor, as assignor, to the alleged creditor, as assignee.

    (l)Proof of authority: Please provide me with a verified (sworn to by affidavit) copy of the

    contract your firm has with the alleged original creditor which authorizes your firm to engage in

    collection activities on their behalf against the above alleged account, and naming you as an

    authorized collection agent / claims adjuster.

    (m)

    Certification of authority: Please provide me with a verified (sworn to by affidavit) certificate

    of authority from the State of California authorizing your company to transact business in the

    state of California and a photocopy of your State Department of Commerce and Insurance

    certificate.

    (n)Form 1035: Please provide me with Department of the Treasury Form 1035 Custodian of

    Documents attached or associated with my alleged original agreement and /or the name and

    address of said custodian per (b)(ii)above;

    (o)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;

    (p)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.

    Note: This Notice of Dispute 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 debt pursuant to the FDCPA.

    6. Warning: That all your communications and omissions will be made a part of an incorporated

    into any litigation arising from this matter.

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    10/11

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

  • 8/10/2019 Template of a letter questioning the lender( 1 of many)

    11/11