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Can this be used when sending for Validation ?


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Posted by computerguy (204.180.131.3) on December 16, 2003 at 14:30:05:

To all you Guru's of Validation out there! I have a question does the below look usuable in a Validation Package to a 3rd Party or a Creditor?


[Sender][Address]
[City state zip]

[Current Holder of Note][address]
[City state zip]

[Date]

[Certified Mail #]

RE Qualified Written Request, Account or Loan No. ______________

Greetings:

Please be advised of your obligation to answer this qualified written request to obtain all records and documents pertaining to the account herein. I have reason to believe that certain disclosures have been withheld in violation of the Truth in Lending Law and that various loan servicing errors may have occurred. Therefore, in order to protect my interests, I am requesting copies of the following records relating to the account number stated herein:

1. The original promissory note or a true, correct and complete copy certified under penalty of perjury,
2. The security instrument,
3. Any modifications, endorsements, extensions, addenda, and all information related to items 1 and 2 above,
4. The complete pay history from the date or origin, including any portion of thee history that originated from previous assignors,
5. Promissory note deposit and transaction account records
6. All records of endorsement of the note beginning with the first.
7. The name or names of all custodians of the note.
8. If the note has been lost, please provide me with copies of the following:
a. The pool number of the bond issued for the lost note,
b. Name of issuer purchasing the bond,
c. Current issuer loan number,
d. Name of original creditor,
f. Physical description and address of property secured by note or agreement,
g. all recording information,
h. Name of surety or insurance company (obligor),
i. Date the bond was executed by surety or insurance company,
j. Name of surety or insurance company which executed bond,
k. Name and signature of representative for surety or insurance company,

l. Date the note was discovered missing, and
m. Possible reasons for the lost note.

Please remember to include the appropriate power of attorney and certification with your response and the records.

As the purported holder, you have assumed all rights and responsibilities of the assignor and you are required by law to provide me with the records requested. If control or custody of these records is maintained by your assignor, you must forward this request to each and every assignor and obtain the missing records from each to be forwarded onto me.

Be further advised that if you fail or refuse to produce these records as required by law, I will institute a civil action against you for the purpose of compelling the production of these records under court order. You may respond within ten (10) days and produce these records within forty (40) days following your response. If you fail to produce these records you will be in default.

Best regards,



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