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Sample of Qualifed Written Request
Sample of Qualifed Written Request
NOTICE
RESPA QUALIFIED WRITTEN REQUEST,
COMPLAINT, DISPUTE OF DEBT & VALIDATION OF
DEBT LETTER, TILA REQUEST
This letter is a ‘‘qualified written request’’ in compliance with and under the
Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) and
Regulation X at 24 C.F.R. 3500, and The Gramm Leach Bliley Act.
Jane Doe
RE: Alledged Account # 0010963023
I am writing to you to complain about the accounting and servicing of this mortgage and my
need for understanding and clarification of various sale, transfer, funding source, legal and
beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses
and records related to the servicing of this account from its origination to the present date.
It is my understanding that your company may have been accused of engaging in one or more
predatory servicing or lending and servicing schemes. As a consumer, I am extremely concerned
about such practices by anyone, let alone this mortgage company or anyone who has any interest
in this matter. I am concerned that such abuses are targeting the uneducated and uninformed
consumer and disadvantaged, poor, elderly and minority Americans.
To independently validate this debt, I need to conduct a complete exam, audit, review and
accounting of this mortgage account from its inception through the present date. Upon
receipt of this letter, please refrain from reporting any negative credit information [if any]
to any credit reporting agency until you respond to each of the requests.
I also request that you kindly conduct your own investigation and audit of this account since its
inception to validate the debt you currently claim I owe. I would like you to validate this debt so
that it is accurate to the penny!
I request you insure that I have not been the victim of such predatory servicing or lending
practices.
To insure this, I have authorized a thorough review, examination, accounting and audit of
mortgage account #0010963023 by mortgage auditing and predatory servicing or lending
experts. This exam and audit will review this mortgage account file from the date of initial
contact, application and the origination of this account to the present date written above.
Again this is a Qualified Written Request under the Real Estate Settlement Procedures Act,
codified as Title 12 § 2605 (e)(1)(B) (e) and Reg. X § 3500.21(f)2 of the United States Code as
well as a request under Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq. RESPA provides
substantial penalties and fines for non-compliance or failure to answer my questions provided in
this letter within sixty [60] days of its receipt!
In order to conduct the examination and audit of this loan, I need to have full and immediate
Was originated in lawful compliance with all federal and state laws, regulations including, but
not limited to Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA
and other laws;
That any sale or transfer of this account or monetary instrument, was conducted in accordance
with proper laws and was a lawful sale with complete disclosure to all parties with an interest;
That the claimed holder in due course of the monetary instrument/Security Deed/asset is holding
such note in compliance with statutes, State and Federal laws and is entitled to the benefits of
payments;
That all good faith and reasonable disclosures of transfers, sales, Power of Attorney, monetary
instrument ownership, entitlements, full disclosure of actual funding source, terms, costs,
commissions, rebates, kickbacks, fees etc. were and still are properly disclosed to me;
That each servicers and/or sub-servicers of this mortgage has serviced this mortgage in
accordance with statute, laws and the terms of mortgage, monetary instrument/Security Deed;
That each servicers and sub-servicers of this mortgage has serviced this mortgage in compliance
with local, state and federal statutes, laws and regulations;
That this mortgage account has properly been credited, debited, adjusted, amortized and charged
correctly;
That interest and principal have been properly calculated and applied to this loan;
That any principal balance has been properly calculated, amortized and accounted for;
that no charges, fees or expenses, not obligated by me in any agreement, have been charged,
assessed or collected from this account;
In order to validate this debt and audit this account, I need copies of pertinent documents to be
provided to me. I also need answers, certified, in writing, to various servicing questions. For each
record kept on computer or in any other electronic file or format, please provide a paper copy of
all information in each field or record in each computer system, program or database used by you
that contains any information on this account number or my name.
As such, please send to me, at the address above, copies of the documents requested below as
soon as possible. Please also provide copies of:
1) Any certificated or uncertificated security, front and back, used for the funding of
account #0010963023 .
2) Any and all “Pool Agreement(s)” including account #0010963023 between PINE
STATE MORTGAGE CORPORATION, EMC MORTGAGE CORPORATION and any
government sponsored entity, hereinafter (GSE).
6) Any and all “Master Purchasing Agreement” between PINE STATE MORTGAGE
CORPORATION, EMC MORTGAGE CORPORATION and any GSE.
3) Any and all “Master Agreement for servicer’s Principle and Interest Custodial
Account” between PINE STATE MORTGAGE CORPORATION, EMC
MORTGAGE CORPORATION and any GSE.
4) Any and all “Servicers Escrow Custodial Account” between PINE STATE
MORTGAGE CORPORATION, EMC MORTGAGE CORPORATION and any
GSE.
5) Any and all “Release of Interest” agreements between PINE STATE MORTGAGE
CORPORATION, EMC MORTGAGE CORPORATION and any GSE.
7) Please send to the requester a copy of any documentation evidencing any trust
relationship regarding the Mortgage/Security Deed and any Note in this matter.
8) Please send to the requester a copy of any and all document(s) establishing any
Trustee of record for the Mortgage/Security Deed and any Note.
9) Please send to the requester a copy of any and all document(s) establishing the date of
any appointment of Trustee Mortgage/Security Deed and any Note. Please also
include any and all assignments or transfers or nominees of any substitute trustee(s).
11) Please send to the requester a copy of any and all document(s) establishing any
Grantee for this Mortgage/Security Deed and any Note.
12) Please send to the requester a copy of any and all document(s) establishing any
Beneficiary for this Mortgage/Security Deed and any Note.
13) Please send to the requester any documentation evidencing the Mortgage or Security
Deed is not a constructive trust or any other form of trust.
14) All data, information, notations, text, figures and information contained in your
mortgage servicing and accounting computer systems including, but not limited to
Alltel or Fidelity CPI system, or any other similar mortgage servicing software used
by you, any servicers, or sub-servicers of this mortgage account from the inception of
this account to the date written above.
15) All descriptions and legends of all Codes used in your mortgage servicing and
accounting system so that the examiners, auditors and experts retained to audit and
review this mortgage account may properly conduct their work.
16) All assignments, transfers, allonge, or other document evidencing a transfer, sale or
assignment of this mortgage, Security Deed, monetary instrument or other document
that secures payment by me to this obligation in this account from the inception of
this account to the present date including any such assignments on MERS.
18) All deeds in lieu, modifications to this mortgage, monetary instrument or Security
Deed from the inception of this account to the present date.
19) The front and back of each and every canceled check, money order, draft, debit or
credit notice issued to any servicers of this account for payment of any monthly
payment, other payment, escrow charge, fee or expense on this account.
20) All escrow analyses conducted on this account from the inception of this account
until the date of this letter;
21) The front and back of each and every canceled check, draft or debit notice issued for
payment of closing costs, fees and expenses listed on any and all disclosure
statement(s) including, but not limited to, appraisal fees, inspection fees, title
searches, title insurance fees, credit life insurance premiums, hazard insurance
premiums, commissions, attorney fees, points, etc.
22) Front and back copies of all payment receipts, checks, money orders, drafts,
automatic debits and written evidence of payments made by others or me on this
account.
25) All letters, statements and documents sent to me by previous servicers, sub-servicers
or others in your account file or in your control or possession or in the control or
possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney
or other representative of your company.
26) All letters, statements and documents contained in this account file or imaged by you,
any servicers or sub-servicers of this mortgage from the inception of this account to
present date.
27) All electronic transfers, assignments, sales of the note/asset, mortgage, Security Deed
or other security instrument.
28) All copies of property inspection reports, appraisals, BPOs and reports done on the
property.
29) All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney
fees, insurance, taxes, assessments or any expense, which has been charged to this
mortgage account from the inception of this account to the present date.
30) All checks used to pay invoices for each charged such as inspection fees, BPOs,
appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has
been charged to this mortgage account from the inception of this account to the
present date.
31) All agreements, contracts and understandings with vendors that have been paid for
any charge on this account from the inception of this account to the present date.
32) All account servicing records, payment payoffs, payoff calculations, ARM audits,
interest rate adjustments, payment records, transaction histories, account histories,
accounting records, ledgers, and documents that relate to the accounting of this
account from the inception of this account until present date?
33) All account servicing transaction records, ledgers, registers and similar items
detailing how this account has been serviced from the from the inception of this
account until present date?
Further, in order to conduct the audit and review of this account, and to determine all proper
amounts due, I need the following answers to questions concerning the servicing and accounting
of this mortgage account from its inception to the present date. Accordingly, can you please
provide me, in writing, the answers to the questions listed below.
3) For each account accounting and servicing system used by you and any sub-servicers or
previous servicers from the inception of this account to the present date, please provide the
complete transaction code list for each system so that I, and others can adequately audit this
account.
2) In a spreadsheet form or in letterform in a columnar format, please detail for me each and
every debit on this account and the date debit was posted to this account as well as the date any
debit was received.
3) For each debit or credit listed, please provide me with the definition for each
corresponding transaction code you utilize?
4) For each transaction code, please provide us with the master transaction code list used by
you or previous servicers.
2) If not, why?
3) Is your company the servicers of this mortgage account or the holder in due course and
beneficial owner of this mortgage, monetary instrument and/or Security Deed?
4) Have any sales, transfers or assignments of this mortgage, monetary instrument, Security
Deed or any other instrument I executed to secure this debt been recorded in any electronic
fashion such as MERS or other internal or external recording system from the inception of this
account to the present date? Yes or No?
5) If yes, please detail for me the names of each seller, purchaser, assignor, assignee or any
holder in due course to any right or obligation of any note, mortgage, deed or security instrument
I executed securing the obligation on this account that was not recorded in the county records
where my property is located whether they be mortgage servicing rights or the beneficial interest
in the principal and interest payments.
ATTORNEY FEES
1) For purposes of my questions below dealing with attorney fees, please consider the terms
attorney fees and legal fees to be one in the same.
3) If yes, please detail each separate assessment, charge and collection of attorney fees to
this account from the inception of this account to the present date and the date of such
assessment to this account?
4) Have attorney fees ever been charged to this account from the inception of this account to
the present date?
5) If yes, please detail each separate charge of attorney fees to this account from the
inception of this account to the present date and the date of such charge to this account?
6) Have attorney fees ever been collected from this account from the inception of this
account to the present date?
7) If yes, please detail each separate collection of attorney fees from this account from the
inception of this account to the present date and the date of such collection from this account?
8) Please provide for me the name and address of each attorney or law firm that has been
paid any fees or expenses related to this account from the inception of this account to the present
date?
9) Please identify for me in writing the provision, paragraph, section or sentence of any
note, mortgage, Security Deed or any agreement I signed authorized the assessment, charge or
collection of attorney fees?
10) Please detail and list for me in writing each separate attorney fee assessed to this account
and for which corresponding payment period or month such fee was assessed from the inception
of this account to present date.
11) Please detail and list for me in writing each separate attorney fee collected from this
account and for which corresponding payment period or month such fee was collected from the
inception of this account to present date.
12) Please detail and list for me in writing any adjustments in attorney fees assessed and on
what date such adjustment was made and the reasons for such adjustment.
13) Please detail and list for me in writing any adjustments in attorney fees collected and on
what date such adjustment were made and the reasons for such adjustment.
14) Has interest been charged on any attorney fee assessed or charged to this account? Yes or
No?
15) Is interest allowed to be assessed or charged on attorney fees charged or assessed to this
account? Yes or No?
16) How much in total attorney fees have been assessed to this account from the inception of
this account until present date? $____________
18) How much in total attorney fees have been charged to this account from the inception of
this account until present date? $__________
19) Please send to me copies of all invoices and detailed billing statements from any law firm
or attorney that has billed such fees that been assessed or collected from this account.
SUSPENSE/UNAPPLIED ACCOUNTS
For purposes of this section, please treat the term suspense account and unapplied account as one
in the same.
1) Has there been any suspense or unapplied account transactions on this account from the
inception of this account until present date?
2) If yes, please explain the reason for each and every suspense transaction that occurred on
this account? If no, please skip the questions in this section dealing with suspense and unapplied
accounts.
3) In a spreadsheet or in letter form in a columnar format, please detail for me each and
every suspense or unapplied transaction, both debits and credits that has occurred on this account
from the inception of this account until present date?
LATE FEES
For purposes of my questions below dealing with late fees, please consider the terms late fees
and late charges to be one in the same.
1) Have you reported the collection of late fees on this account as interest in any statement
to me or to the IRS? Yes or No?
2) Has any previous servicers or sub-servicers of this mortgage reported the collection of
late fees on this account as interest in any statement to me or to the IRS? Yes or No?
3) Do you consider the payment of late fees as liquidated damages to you for not receiving
payment on time? Yes or No?
5) Please detail for me in writing what expenses and damages you incurred for any payment
I made that was late.
6) Were any of these expenses or damages charged or assessed to this account in any other
way? Yes or No?
7) If yes, please describe what expenses or charges were charged or assessed to this
account?
8) Please describe for me in writing what expenses you or others undertook due to any
payment I made, which was late?
10) Please identify for me in writing the provision, paragraph, section or sentence of any
note, mortgage, Security Deed or any agreement I signed authorized the assessment or collection
of late fees?
11) Please detail and list for me in writing each separate late fee assessed to this account and for
which corresponding payment period or month such late fee was assessed from the inception of
this account to present date.
12) Please detail and list for me in writing each separate late fee collected from this account
and for which corresponding payment period or month such late fee was collected from the
inception of this account to present date.
13) Please detail and list for me in writing any adjustments in late fees assessed and on what
date such adjustment was made and the reasons for such adjustment.
14) Has interest been charged on any late fee assessed or charged to this account? Yes or
No?
15) Is interest allowed to be assessed or charged on late fees charged or assessed to this
account? Yes or No?
16) Have any late charges been assessed to this account? Yes or No?
17) If yes, how much in total late charges have been assessed to this account from the
inception of this account until present date? $____________
18) Please provide me with the exact months or payment dates you or other previous
servicers of this account claim I have been late with a payment from the inception of this account
to the present date.
19) Have late charges been collected on this account from the inception of this account until
present date? Yes or No?
20) If yes, how much in total late charges have been collected on this account from the
inception of this account until present date? $__________
PROPERTY INSPECTIONS
1) For purposes of this section property inspection and inspection fee refer to any inspection
of property by any source and any related fee or expense charged, assessed or collected for such
inspection.
2) Have any property inspections been conducted on my property from the inception of this
account until the present date?
3) If your answer is no, you can skip the rest of these questions in this section concerning
property inspections?
7) Please tell me the name and address of each company and person who conducted each
property inspection on my property?
12) Do you consider the payment of inspection fees as a cost of collection? Yes or No?
15) Have you used any portion of the property inspection process on my property to collect a
debt or inform me of a debt, payment or obligation I owe?
17) Please identify for me in writing the provision, paragraph, section or sentence of any
note, mortgage, Security Deed or any agreement I signed that authorized the assessment or
collection of property inspection fees?
18) Have you labeled in any record or document sent to me a property inspection as a misc.
advance? Yes or No?
20) Have you labeled in any record or document sent to me a property inspection as a legal
fee or attorney fee? Yes or No?
22) Please detail and list for me in writing each separate inspection fee assessed to this
account and for which corresponding payment period or month such fee was assessed from the
inception of this account to present date.
23) Please detail and list for me in writing each separate inspection fee collected from this
account and for which corresponding payment period or month such fee was collected from the
inception of this account to present date.
25) Please detail and list for me in writing any adjustments in inspection fees collected and
on what date such adjustment was made and the reasons for such adjustment.
26) Has interest been charged on any inspection fees assessed or charged to this account? Yes
or No?
29) How much in total inspection fees have been assessed to this account from the inception
of this account until present date? $____________
30) How much in total inspection fees have been collected on this account from the inception
of this account until present date? $__________
31) Please forward to me copies of all property inspections made on my property in this
mortgage account file.
32) Has any fee charged or assessed for property inspections been placed into escrow
account? Yes or no?
BPO FEES
1) Have any BPOs [Broker Price Opinions] been conducted on my property?
2) If yes, please tell me the date of each BPO conducted on my property that is the secured
interest for this mortgage, deed or note?
9) Have any BPO fees been assessed to this account? Yes or No?
10) If yes, how much in total BPO fees have been assessed to this account? $________
11) Have any BPO fees been charged to this account? Yes or No?
12) If yes, how much in total BPO fees have been charged to this account? $______
RESPA REQUEST Page 12 of 18
13) Please tell me specifically what clause, paragraph and sentence in the note, mortgage or
Security Deed or any agreement I have executed allows you to assess, charge or collect a BPO
fee from me.
14) Please send to me copies of all BPO reports that have been done on my property.
15) Has any fee charged or assessed for A BPO been placed into escrow? Yes or no?
FORCED-PLACED INSURANCE
1) Have you placed or ordered any forced-placed insurance polices on my property?
2) If yes, please tell me the date of each policy ordered or placed on my property that is the
secured interest for this mortgage, deed or note?
9) Have any forced-placed insurance fees been assessed to this mortgage or escrow account?
Yes or No?
10) If yes, how much in total forced-placed policy fees have been assessed to this account?
$________
11) Have any forced-placed insurance fees been charged to this mortgage or escrow account?
Yes or No?
12) If yes, how much in total forced-placed insurance fees have been charged to this
mortgage or escrow account? $______
13) Please tell me specifically what clause, paragraph and sentence in the note, mortgage or
Security Deed or any agreement I have executed allows you to assess, charge or collect forced-
placed insurance fees from me.
14) Do you have any relationship with the agent or agency that placed any policies on my
property? If yes, please describe.
15) Do you have any relationship with the carrier that issued any policies on my property? If
yes, please describe.
17) Do you maintain a blanket insurance policy to protect your properties when customer
policies have expired?
18) Please send to me copies of all forced-placed insurance policies that have been ordered
on my property.
1) Did the originator or previous servicers of this account have any financing agreements or
contracts with your company or an affiliate of your company?
2) Did the originator of this account or previous servicers of this account have a warehouse
account agreement or contract with your company?
3) Did the originator of this account or previous servicers of this account receive any
compensation, fee, commission, payment, rebate or other financial consideration from your
company or any affiliate of your company for handling, processing, originating or administering
this loan? If yes, please describe and itemize each and every form of compensation, fee,
commission, payment, rebate or other financial consideration paid to the originator of this
account by your company or any affiliate.
4) Please identify for me where the originals of this entire account file are currently located
and how they are being stored, kept and protected?
5) Where is the original monetary instrument or mortgage I signed located? Please describe
its physical location and anyone holding this note as a custodian or trustee if applicable.
6) Where is the original Security Deed or mortgage and note I signed located? Please
describe its physical location and anyone holding this note as a custodian or trustee if applicable.
7) Since the inception of this loan, has there been any assignment of my monetary
instrument/asset to any other party? If the answer is yes, identify the names and addresses of
each and every individual, party, bank, trust or entity that has received such assignment?
8) Since the inception of this loan, has there been any assignment of the Security Deed or
mortgage and note to any other party? If the answer is yes, would you kindly identify the names
and addresses of each and every individual, party, bank, trust or entity that has received such
assignment?
9) Since the inception of this loan, has there been any sale or assignment of servicing rights
to this mortgage account to any other party? If the answer is yes, would you kindly identify the
names and addresses of each and every individual, party, bank, trust or entity that has received
such assignment or sale.
RESPA REQUEST Page 14 of 18
10) Since the inception of this loan, has any sub-servicers serviced any portion of this
mortgage loan? If the answer is yes, would you kindly identify the names and addresses of each
and every individual, party, bank, trust or entity that has sub-serviced this mortgage loan.
11) Has this mortgage account been made a part of any mortgage pool since the inception of
this loan? If yes, please identify for me each and every account mortgage pool that this mortgage
has been a part of from the inception of this account to the present date.
12) Has each and every assignment of my asset/monetary instrument been recorded in the
county land records where the property associated with this mortgage account is located?
13) Has there been any electronic assignment of this mortgage with MERS [Mortgage
Electronic Registration System] or any other computer mortgage registry service or computer
program? If yes, please identify the name and address of each and every individual, entity, party,
bank, trust or organization or servicers that has been assigned the mortgage servicing rights to
this account as well as the beneficial interest to the payments of principal and interest on this
loan.
14) Have there been any investors [as defined in your industry] who have participated in any
mortgage-backed security, collateral mortgage obligation or other mortgage security instrument
that this mortgage account has ever been a part of from the inception of this mortgage to the
present date? If yes, please identify the name and address of each and every individual, entity,
organization and/or trust.
15) Please identify for me the parties and their addresses to all sales contracts, servicing
agreements, assignments, alonges, transfers, indemnification agreements, recourse agreements
and any agreement related to this account from its inception to the current date written above.
16) Please provide me with copies of all sales contracts, servicing agreements, assignments,
alonges, transfers, indemnification agreements, recourse agreements and any agreement related
to this account from its inception to the current date written above.
17) How much was paid for this individual mortgage account by you?
18) If part of a mortgage pool, what was the principal balance used by you to determine
payment for this individual mortgage loan.
19) If part of a mortgage pool, what was the percentage paid by you of the principal balance
above used to determine purchase of this individual mortgage loan.
20) Who did you issue a check or payment to for this mortgage loan?
21) Please provide me copies with the front and back of canceled check.
23) Has HUD assigned or transferred foreclosure rights to you as required by 12 USC 3754?
24) Please identify all persons who approved the foreclosure of my property!
Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting
and legal records, Dispute of Debt letter are being sent to FTC, HUD, Thrift Supervision, all
relevant state and federal regulators; and other consumer advocates; and my congressman.
It is my hope that you answer this RESPA REQUEST in accordance with law and the questions,
documents and validation of debt to the penny and correct any abuse(s) or scheme(s) uncovered
and documented.
1. Jane Doe’s right, by breach of fiduciary responsibility and fraud and misrepresentation
revocation and rescinding of any and all power of attorney or appointment PINE STATE
MORTGAGE CORPORATION or EMC MORTGAGE CORPORATION may have
or may have had in connection with account #0010963023 and any property and/or real
estate connected with account # #0010963023
2. Jane Doe’s right to have any certificated or uncertificated security re-registered in Jane
Doe’s name.
4. Jane Doe’s entitlement in filing and executing any instruments, as power of attorney
for and by PINE STATE MORTGAGE CORPORATION or EMC MORTGAGE
CORPORATION including but not limited by a new certificated security or any security
agreement perfected by filing a UCC Financing Statement with the Secretary of State in
the State where the PINE STATE MORTGAGE CORPORATION and EMC
MORTGAGE CORPORATION is located.
6. Jane Doe’s right to have account # 0010963023 completely set off because of PINE
STATE MORTGAGE CORPORATION and EMC MORTGAGE
CORPORATION’s wrongful registration, breach of intermediary responsibility with
RESPA REQUEST Page 16 of 18
regard to Jane Doe’s monetary instrument/asset by PINE STATE MORTGAGE
CORPORATION and EMC MORTGAGE CORPORATION, sending confirmation
of set off of wrongful liability of Jane Doe and issuing a certified check for the difference
between the original value of Jane Doe’s monetary instrument/asset and what Jane Doe
mistakenly sent to PINE STATE MORTGAGE CORPORATION, EMC
MORTGAGE CORPORATION as payment for such wrongful liability.
Sincerely,
____________________
Jane Doe
____________________
Witness