killer qwr qualified written request

8/2/2019 Killer QWR Qualified Written Request

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John Henry Doe3825 20th Avenue SEPuyallup, WA 98372

PHANTOM LENDING COMPANY1234 Ripoff LaneAnytown, WA 12345

ATTN: ACCOUNT MANAGER RE: ACCOUNT NUMBER # 123456789.

FOR INDEPENDENT CONFIRMATION OF RECEIPT OF YOURRESPONSES, PLEASE MAIL ANY RESPONSE TO THE FOLLOWINGADDRESS:

Attn: James Aitkins, Notary Acceptor

8822 164th

Street EastPuyallup, WA 98375

April 20, 2009

RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST,COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT

LETTER

This letter is a qualified written request in compliance with,

and under, the Real Estate Settlement Procedures Act, 12U.S.C. Section 2605(e) and Regulation X at 24 C.F.R. 3500, andThe Gramm Leach Bliley Act

Dear Madam or Sir:

We are writing to you to complain about the accounting and servicing of thismortgage. Further, we will request clarification of various sales, transfers, fundingsources, legal and beneficial ownership, charges, credits, debits, transactions,reversals, actions, payments, analyses and records related to the servicing of thisaccount from its origination to the present date.

It is our understanding that your company may have engaged in one or morepredatory servicing or lending and servicing practices. As a consumer, we areextremely concerned that predatory servicing and/or predatory lender practices,may have affect me, personally.

RESPA REQUEST Page 1 of 20

Certified Mail #: XXXX XXXX XXXX XXXXXXXX


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We are troubled that potential fraudulent and deceptive practices by unscrupulousmortgage brokers; sales and transfers of mortgage servicing rights; deceptive andfraudulent servicing practices to enhance balance sheets; deceptive, abusive andfraudulent accounting tricks and practices may have also negatively affected ourcredit rating, mortgage account and/or the debt or payments that we are currentlymaking, or may be legally obligated to make.

And finally, we are very concerned that after a thorough review of all papersconcerning this mortgage, we have found absolutely no evidence that we actuallyreceived a loan. The NOTE unambiguously asserted that we did receive a loan.

In light of the above, we hereby demand that you provide me with the followingthree categories of documentation:

First: absolute first-hand evidence from you that you are the holder of theoriginal uncertificated or certificated security regarding account number123456789.

Second: records that definitively show a chain of transfer from you to

whoever and wherever the security is now being held, clearly identifying theentity that currently holds the security, which is the legal basis of themortgage, account, and/or the alleged debt or payments that we arecurrently, or may be, legally obligated to continue to pay.

Third: the below-described requested information, answers, and recordswhich will both constitute proof that you are able to validate this debt, andmake it possible for me to have a thorough independent review completed.

Fourth: a rebuttal to the attached Exhibit A, which, by this reference, ismade part of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST,COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER. The rebuttalcannot rely on second-hand information or any documents we may have

signed, such as the NOTE, which (falsely) asserts that we did receive a loanas such an assertion is not verified evidence of a loan.

As we are sure you know, absent the actual certified evidence of the security andthe alleged loan, we have no choice but to dispute the validity of your lawfulownership, funding, entitlement right, and the current debt you allege that we owe.It is our belief at this time that this is not a valid debt and, therefore, it is disputedand this RESPA REQUEST also serves as your notice of our dispute of this debt.

And by debt, we are referring to the principal balance you claim we owe; thecalculated monthly payment, the calculated escrow payment, and any fees claimedto be owed by you or any trust or entity you may service or subservice for.

To independently validate this debt, we need to conduct a complete exam,audit, review and accounting of this mortgage account from its inceptionthrough the present date. Upon receipt of this letter, please refrain fromreporting any negative credit information [if any] to any credit reportingagency until you respond to each of the following requests:



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We request that you conduct your own investigation and audit of this account sinceits inception in order to validate the debt you currently claim we owe. Oncecomplete, we require that you send me the results of your work, presented in aformat, and in terms, that would be understandable to the average layman.

We request that you validate this debt so that it is accurate to the penny. Once

complete, we require that you send me the results of your work, presented in aformat, and in terms, that would be understandable to the average layman.

In completing the above-described investigation, audit, and validation, we insistthat you not rely on the records of previous servicers or originators, or theassurances or the indemnity agreements of any such previous servicers ororiginators, or any previous refusals to conduct a full audit and investigation of thisaccount.

As this is a Qualified Written Request under the Real Estate Settlement ProceduresAct, codified as Title 12 2605 (e)(1)(B) (e) and Reg. X 3500.21(f)2 of the UnitedStates 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 our questions provided in this letterwithin sixty [60] days of its receipt.

In order to conduct an accurate examination and audit of this loan, you are asked toprovide full and immediate disclosure, including copies of all pertinent informationregarding this loan. This will ensure that

This loan 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;

Any sale or transfer of this account or monetary instrument, was conductedin accordance with proper laws and was a lawful sale with complete

disclosure to all parties with an interest;

The claimed holder in due course of the monetary instrument/deed oftrust/asset is holding such note in compliance with statutes, State andFederal laws, and is entitled to the benefits of payments;

All good faith and reasonable disclosures of transfers, sales, Power ofAttorney, monetary instrument ownership, entitlements, full disclosure ofactual funding source, terms, costs, commissions, rebates, kickbacks, feesetc. were, and still are, properly disclosed to me;

Each servicer and/or sub-servicer of this mortgage has serviced thismortgage in accordance with statute, laws and the terms of the mortgage,

monetary instrument/deed of trust;

Each servicer and sub-servicer of this mortgage has serviced this mortgage incompliance with local, state and federal statutes, laws and regulations;



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This mortgage account has properly been credited, debited, adjusted,amortized and charged correctly;

Interest and principal have been properly calculated and applied to this loan;

Any principal balance has been properly calculated, amortized and accounted

for; and 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, we will request that youprovide me with copies of pertinent documents, a legitimate and reasonablerequest that, under the law, we have a right to make. We will also request writtenanswers to various servicing questions. Those written answers will need to becertified by officials at your company who are authorized to do so, and we requestthat such company officials performing such certification be named somewhere oneach document being so certified. For each record kept on computer or in any otherelectronic file or format, please provide a paper copy of all information in each fieldor record in each computer system, program, or database used by you that containsany information on this account number or our name.

As such, as soon as possible, but in no more than 60 days from your receipt of thisletter, please send to me, at the above address, copies of the documents requestedbelow:

All certificated or uncertificated security, front and back, used for the fundingof account # 0023306855.

All Pool Agreement(s) including account # 0023306855 betweenAmerican Home Mortgage Servicing, Inc., hereafter AHMSI, and anygovernment sponsored entity, hereinafter (GSE).

All Deposit Agreement(s) regarding account # 0023306855 or thePool Agreement including account # 0023306855 between AHMSI and anyGSE.

All Servicing Agreement(s) between AHMSI and any GSE.

All Custodial Agreement(s) between AHMSI and any GSE.

All Master Purchasing Agreement between AHMSI and any GSE.

All Issuer Agreement(s) between AHMSI and any GSE.

All Commitment to Guarantee agreement(s) between AHMSI and anyGSE.

All Release of Document agreements between AHMSI and any GSE.



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All Master Agreement for servicers Principle and Interest CustodialAccount between AHMSI and any GSE.

All Servicers Escrow Custodial Account between AHMSI and any GSE.

All Release of Interest agreements between AHMSI and any GSE.

Any Trustee agreement(s) between AHMSI and AHMSIs trusteeregarding account # 0023306855 or pool accounts with any GSE.

Any documentation evidencing the trust relationship between theMortgage/Deed of Trust and the Note in this matter.

Copies of all documents that establish the Trustee of record for theMortgage/Deed of Trust and the Note.

Copies of all documents that establish the date of the appointment ofthe Trustee of the Mortgage/Deed of Trust and the Note. Please also includeall assignments or transfers or nominees of any substitute trustee(s).

Copies of all documents that establish a Grantor for thisMortgage/Deed of Trust and the Note.

Copies of all documents that establish a Grantee for thisMortgage/Deed of Trust and the Note.

Copies of all documents that establish a Beneficiary for thisMortgage/Deed of Trust and the Note.

All documentation showing that the Mortgage, or the Deed of Trust, isnot a constructive trust or any other form of trust.

All data, information, notations, text, figures and information containedin your mortgage servicing and accounting computer systems including, butnot limited to, Alltel or Fidelity CPI system, or any other similar mortgageservicing software used by you, any servicers, or sub-servicers of thismortgage account from the inception of this account to the present date.

All descriptions and legends of all Codes used in your mortgageservicing and accounting system so that the examiners, auditors and expertsretained to audit and review this mortgage account may properly conducttheir work.

All assignments, transfers, allonge, or other document evidencing a

transfer, sale or assignment of this mortgage, deed of trust, monetaryinstrument or other document that secures payment by me to this obligationin this account from the inception of this account to the present dateincluding any such assignments on, to, or from, MERS.



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All records, electronic or otherwise, of assignments of this mortgage,monetary instrument or servicing rights to this mortgage including any suchassignments on, to, or from, MERS.

All deeds in lieu, modifications to this mortgage, monetary instrumentor deed of trust from the inception of this account to the present date.

A copy of the front and back of each and every canceled check, moneyorder, draft, and debit or credit notice issued to any servicers of this accountfor payment of any monthly payment, other payment, escrow charge, fee orexpense on this account.

All escrow analyses conducted on this account from the inception ofthis account until the date of this letter.

A copy of the front and back of each and every canceled check, draft,or debit notice issued for payment of closing costs, fees and expenses listedon all disclosure statements including, but not limited to, appraisal fees,

inspection fees, title searches, title insurance fees, credit life insurancepremiums, hazard insurance premiums, commissions, attorney fees, points,etc.

A copy, front and back, of all payment receipts, checks, money orders,drafts, automatic debits and written evidence of payments made by others orme on this account.

A copy of all letters, statements and documents sent to me by yourcompany.

A copy of all letters, statements and documents sent to me by agents,attorneys, or representatives of your company.

A copy of all letters, statements and documents sent to me by previousservicers, sub-servicers or others in your account file, or in your control, orpossession, or in the control or possession of any affiliate, parent company,agent, sub-servicers, servicers, attorney or other representative of yourcompany.

A copy of all letters, statements and documents contained in thisaccount file or imaged by you, any servicers or sub-servicers of this mortgagefrom the inception of this account to present date.

A copy of all electronic transfers, assignments, sales of the note/asset,mortgage, deed of trust or other security instrument.

A copy of all copies of property inspection reports, appraisals, BPOsand reports done on the property.

A copy of all invoices for each charge such as inspection fees, BPOs,appraisal fees, attorney fees, insurance, taxes, assessments or any expense,



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which has been charged to this mortgage account from the inception of thisaccount to the present date.

A copy of all checks used to pay invoices for each charged such asinspection 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.

A copy of all agreements, contracts and understandings with vendorsthat have been paid for any charge on this account from the inception of thisaccount to the present date.

A copy of all account servicing records, payment payoffs, payoffcalculations, ARM audits, interest rate adjustments, payment records,transaction histories, account histories, accounting records, ledgers, anddocuments that relate to the accounting of this account from the inception ofthis account until present date.

A copy of all account servicing transaction records, ledgers, registersand similar items detailing how this account has been serviced from the fromthe inception of this account until present date.

ACCOUNT ACCOUNTING & SERVICING SYSTEMS

Please identify each account accounting and servicing system used by youand any sub-servicers or previous servicers from the inception of this accountto the present date so that our experts can decipher the data provided.

For each account accounting and servicing system identified by you and anysub-servicers or previous servicers from the inception of this account to thepresent date, please provide the name and address of the company or party

that designed and sold the system.

For each account accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to thepresent date, please provide the complete transaction code list for eachsystem so that this account can be adequately audited.

DEBITS & CREDITS

In a spreadsheet form, or in letter form in a columnar format, please detaileach and every credit on this account, and the date such credit was posted tothis account, as well as the date any credit was received.

In a spreadsheet form, or in letterform in a columnar format, please detaileach debit on this account, and the date debit was posted to this account, aswell as the date any debit was received.



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For each debit or credit listed, please provide the definition for eachcorresponding transaction code you utilize.

For each transaction code, please provide us with the master transactioncode list used by you or previous servicers.

MORTGAGE & ASSIGNMENTS

A yes or no question: has each sale, transfer or assignment of thismortgage, monetary instrument, deed of trust or any other instrument weexecuted to secure this debt, been recorded in the county property records inthe county and state in which our property is located from the inception ofthis account to the present date?

If not, why?

A yes or no question: is your company, the servicers of this mortgageaccount, the holder in due course and beneficial owner of this mortgage,

monetary instrument, and/or deed of trust?

A yes or no question: have any sales, transfers, or assignments of thismortgage, monetary instrument, deed of trust, or any other instrument weexecuted to secure this debt been recorded in any electronic fashion such asMERS or other internal or external recording system from the inception of thisaccount to the present date?

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 the note,mortgage, deed or security instrument that was executed, securing theobligation on this account that was not recorded in the county records whereour property is located, whether they be mortgage servicing rights or thebeneficial interest in the principal and interest payments.

ATTORNEY FEES. For purposes of our questions below dealing with attorney fees,please consider the terms attorney fees and legal fees synonymously.

A yes or no question: have attorney fees ever been assessed to thisaccount from the inception of this account to the present date?

If yes, please detail each separate assessment, charge and collection ofattorney fees to this account from the inception of this account to the presentdate, and the date of such assessment to this account.

A yes or no question: have attorney fees ever been charged to this accountfrom the inception of this account to the present date?

If yes, please detail each separate charge of attorney fees to this accountfrom the inception of this account to the present date and the date of suchcharge to this account.



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A yes or no question: have attorney fees ever been collected from thisaccount from the inception of this account to the present date?

If yes, please detail each separate collection of attorney fees from thisaccount from the inception of this account to the present date and the dateof such collection from this account.

Please provide the name and address of each attorney or law firm that hasbeen paid any fees or expenses related to this account from the inception ofthis account to the present date.

Please identify the provision, paragraph, section or sentence of any note,mortgage, deed of trust or any agreement we signed, authorizing theassessment, charge or collection of attorney fees.

Please detail each separate attorney fee assessed to this account and forwhich corresponding payment period or month such fee was assessed fromthe inception of this account to present date.

Please detail each separate attorney fee collected from this account and forwhich corresponding payment period or month such fee was collected fromthe inception of this account to present date.

Please detail any adjustments in attorney fees assessed and on what datesuch adjustment was made and the reasons for such adjustment.

Please detail any adjustments in attorney fees collected and on what datesuch adjustment were made and the reasons for such adjustment.

A yes or no question: has interest been charged on any attorney feeassessed or charged to this account?

A yes or no question: is interest allowed to be assessed or charged onattorney fees charged or assessed to this account?

How much in total attorney fees have been assessed to this account from theinception of this account until present date?

How much in total attorney fees have been collected on this account from theinception of this account until present date?

How much in total attorney fees have been charged to this account from theinception of this account until present date?

Please provide copies of all invoices and detailed billing statements from anylaw firm or attorney that has billed such fees that been assessed or collectedfrom this account.

SUSPENSE/UNAPPLIED ACCOUNTS. For purposes of this section, please treat theterm suspense account and unapplied account synonymously.



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A yes or no question: has there been any suspense or unapplied accounttransactions on this account from the inception of this account until presentdate?

If yes, please explain the reason for each and every suspense transactionthat occurred on this account. If no, skip the questions in this section dealing

with suspense and unapplied accounts.

In a spreadsheet, or in letter form in a columnar format, please detail eachsuspense or unapplied transaction, both debits and credits that occurred onthis account from the inception of this account until present date.

LATE FEES. For purposes of our questions below dealing with late fees, pleaseconsider the terms late fees and late charges to be one in the same.

A yes or no question: have you reported the collection of late fees on thisaccount as interest in any statement to me or to the IRS?

A yes or no question: have any previous servicers or sub-servicers of thismortgage reported the collection of late fees on this account as interest inany statement to me or to the IRS?

A yes or no question: do you consider the payment of late fees asliquidated damages to you for not receiving payment on time?

A yes or no question: are late fees considered interest?

Please detail what expenses and damages you incurred for any late paymentwe made.

A yes or no question: were any of these expenses or damages charged or

assessed to this account in any other way?

If yes, please describe what expenses or charges were charged or assessedto this account.

Please describe what expenses you or others undertook due to any latepayment we made.

Please describe what damages you or others sustained due to any latepayment we made.

Please identify the provision, paragraph, section, or sentence of the note,mortgage, deed of trust, or agreement we signed that authorized the

assessment or collection of late fees.

Please detail each separate late fee assessed to this account, and for whichcorresponding payment period or month such late fee was assessed, from theinception of this account to present date.



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Please detail each separate late fee collected from this account, and forwhich corresponding payment period or month such late fee was collected,from the inception of this account to present date.

Please detail any adjustments in late fees assessed, and on what date suchadjustment was made, and the reasons for such adjustment.

A yes or no question: has interest been charged on any late fee assessed orcharged to this account?

A yes or no question: is interest allowed to be assessed or charged on latefees charged or assessed to this account?

A yes or no question: have any late charges been assessed to this account?

If yes, how much in total late charges have been assessed to this accountfrom the inception of this account until present date?

Please cite the exact months or payment dates you, or other previous

servicers of this account, claim any late payments have been made from theinception of this account to the present date.

A yes or no question: have late charges been collected on this accountfrom the inception of this account until present date?

If yes, how much in total late charges have been collected on this accountfrom the inception of this account until present date?

PROPERTY INSPECTIONS. For purposes of this section, property inspection andinspection fee refer to any inspections of the property at the above address.

A yes or no question: have any property inspections been conducted onthis property from the inception of this account until the present date?

If your answer is no, you can skip the rest of these questions in this sectionconcerning property inspections.

If yes, please provide the date of each property inspection conducted on theproperty that is the secured interest for this mortgage, deed or note.

Please provide the price charged for each property inspection.

Please provide the date of each property inspection.

Please provide the name & address of each company and/or person whoconducted each property inspection on the property.

Please explain why property inspections were conducted.

Please explain how property inspections are beneficial to the grantor/trustor.



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Please explain how property inspections are protective of the property.

Please explain your policy on property inspections.

A yes or no question: do you consider the payment of inspection fees as acost of collection?

If yes, why?

A yes or no question: do you use property inspections to collect debts?

Have you used any portion of the property inspection process on thisproperty to collect a debt, payment or obligation?

If yes, please answer when and why?

Please cite the provision, paragraph, section or sentence of the note,mortgage, deed of trust, or any agreement that authorized the assessment orcollection of property inspection fees.

A yes or no question: have you labeled as a misc. advance in any recordor document that actually refers to a property inspection?

If yes, why?

A yes or no question: have you labeled as a legal fee or attorney fee in anyrecord or document that was actually a property inspection?

If yes, why?

Please detail each separate inspection fee assessed to this account and forwhich corresponding payment period or month such fee was assessed from

the inception of this account to present date.

Please detail each separate inspection fee collected from this account and forwhich corresponding payment period or month such fee was collected fromthe inception of this account to present date.

Please detail and list for me in writing any adjustments in inspection feesassessed and on what date such adjustment was made and the reasons forsuch adjustment.

Please detail and list for me in writing any adjustments in inspection feescollected and on what date such adjustment was made and the reasons forsuch adjustment.

A yes or no question: has interest been charged on any inspection feesassessed or charged to this account?

If yes, when did these charges occur and how much was charged?



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A yes or no question: is interest allowed to be assessed or charged oninspection fees charged or assessed to this account?

How much in total inspection fees have been assessed to this account fromthe inception of this account until present date?

How much in total inspection fees have been collected on this account fromthe inception of this account until present date?

Please forward to me copies of all property inspections made on our propertyin this mortgage account file.

A yes or no question: has any fee charged or assessed for propertyinspections been placed into escrow account?

BPO FEES

A yes or no question: have any BPOs (Broker Price Opinions) beenconducted on the property?

If yes, please provide the date of each BPO conducted on the property, whichis the secured interest for this mortgage, deed or note.

If yes, please tell us who conducted each BPO.

Please provide the price of each BPO.

Please explain why BPOs were conducted on the property.

Please explain how BPOs are beneficial to the homeowner.

Please explain how BPOs are protective of the property.

Please explain your policy on BPOs.

A yes or no question: have any BPO fees been assessed to this account?

If yes, how much in total BPO fees have been assessed to this account?

A yes or no question: have any BPO fees been charged to this account?

If yes, how much in total BPO fees have been charged to this account?

Please cite the specific clause, paragraph and sentence in the note, mortgageor deed of trust, or any agreement, that allows you to assess, charge, or

collect a BPO fee from the homeowner.

Please provide copies of all BPO reports that have been done on the property.

A yes or no question: has any fee, charged or assessed for A BPO, beenplaced into escrow?



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FORCED-PLACED INSURANCE

A yes or no question: have you placed or ordered any forced-placedinsurance policies on the property?

If yes, provide the date each policy was ordered or placed on the propertythat is the secured interest for this mortgage, deed, or note.

What was the price of each policy?

Who was the agent for each policy?

Why was each policy placed on the property?

Explain how these policies are beneficial to the homeowner.

Explain how these policies are protective of the property.

Explain your policy on forced-placed insurance.

A yes or no question: have any forced-placed insurance fees been assessedto this mortgage or escrow account?

If yes, how much in total forced-placed policy fees have been assessed to thisaccount?

A yes or no question: have any forced-placed insurance fees been chargedto this mortgage or escrow account?

If yes, how much (dollar amount) in total forced-placed insurance fees havebeen charged to this mortgage or escrow account?

Please cite, specifically, what clause, paragraph, and sentence in the note,mortgage, or deed of trust, or any agreement that allows you to assess,charge, or collect forced-placed insurance fees.

Do you have any relationship with the agent or agency that placed anypolicies on the property? If yes, please describe.

A yes or no question: do you have any relationship with the carrier thatissued any policies on the property? If yes, please describe.

A yes or no question: has the agency or carrier you used to place a forced-placed insurance policy on the property provided you any service, computer

system, discount on policies, commissions, rebates, or any form ofconsideration? If yes, please describe.

A yes or no question: do you maintain a blanket insurance policy to protectyour properties when customer policies have expired?



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Please send copies of all forced-placed insurance policies that have beenordered on the property.

SERVICING RELATED QUESTIONS. For each of the following questions listedbelow, please provide me with a detailed explanation in writing that answers eachquestion. In addition, we need the following answers to questions concerning theservicing of this mortgage account from its inception to the present date.Accordingly, can you please provide me, in writing, the answers to the questionslisted below:

A yes or no question: did the originator or previous servicers of this accounthave any financing agreements or contracts with your company or an affiliateof your company?

A yes or no question: did the originator of this account or previous servicersof this account, have a warehouse account agreement or contract with yourcompany?

A yes or no question: did the originator of this account, or previousservicers of this account, receive any compensation, fee, commission,payment, rebate or other financial consideration from your company or anyaffiliate of your company for handling, processing, originating, oradministering this loan?

If yes, please describe and itemize each and every form of compensation,fee, commission, payment, rebate, or other financial consideration paid to theoriginator of this account by your company or any affiliate.

Please identify where the originals of this entire account file are currentlylocated and how they are being stored, kept, and protected?

What is the exact location of the original signed monetary instrument, ormortgage? Please describe its physical location and anyone holding this noteas a custodian or trustee, if applicable.

What is the exact location of the original signed deed of trust or mortgageand note? Please describe its physical location and anyone holding this noteas a custodian or trustee if applicable.

A yes or no question: since the inception of this loan, has there been anyassignment of the monetary instrument/asset to any other party?

If yes, identify the names & addresses of each individual, party, bank, trust or

entity that has received such assignment.

A yes or no question: since the inception of this loan, has there been anyassignment of the deed of trust, or mortgage and note, to any other party?



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If yes, please identify the names & addresses of each individual, party, bank,trust or entity that has received such assignment.

A yes or no question: since the inception of this loan, has there been anysale or assignment of servicing rights to this mortgage account to any otherparty?

If yes, please identify the names & addresses of each and every individual,party, bank, trust or entity that has received such assignment or sale.

A yes or no question: since the inception of this loan, have any sub-servicers serviced any portion of this mortgage loan?

If yes, please identify the names and addresses of each and every individual,party, bank, trust or entity that has sub-serviced this mortgage loan.

A yes or no question: has this mortgage account been made a part of anymortgage pool since the inception of this loan?

If yes, please identify for me each and every account mortgage pool that thismortgage has been a part of from the inception of this account to the presentdate.

Has each assignment of our asset/monetary instrument been recorded in thecounty land records where the property associated with this mortgageaccount is located?

A yes or no question: has there been any electronic assignment of thismortgage with MERS (Mortgage Electronic Registration System) or any othercomputer mortgage registry service or computer program?

If yes, please identify the name and address of each individual, entity, party,bank, trust or organization or servicers that has been assigned the mortgageservicing rights to this account as well as the beneficial interest to thepayments of principal and interest on this loan.

A yes or no question: have there been any investors (as defined in yourindustry) who have participated in any mortgage-backed security, collateralmortgage obligation, or other mortgage security instrument that thismortgage account has ever been a part of from the inception of thismortgage to the present date?

If yes, please identify the name and address of each and every individual,entity, organization and/or trust.

Please identify the parties to all sales contracts, servicing agreements,assignments, allonges, transfers, indemnification agreements, recourseagreements and any agreement related to this account from its inception tothe current date written above, and include their mailing addresses.



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Please provide copies of all sales contracts, servicing agreements,assignments, allonges, transfers, indemnification agreements, recourseagreements, and any agreement related to this account from its inception tothe current date.

How much was paid by you for this individual mortgage account?

If part of a mortgage pool, what was the principal balance used by you todetermine payment for this individual mortgage loan?

If part of a mortgage pool, of the principal balance above, what was thepercentage paid by you used to determine the purchase price of thisindividual mortgage loan?

Who did you issue a check or payment to for this mortgage loan?

Please provide me copies with the front and back of the canceled check.

Please provide the requested documents and a detailed answer to each of theabove-stated questions, within the required lawful time frame. Upon receipt of thedocuments and answers, an exam and audit will be conducted that may lead tofurther document requests.

Copies of this qualified written request, validation of debt, RESPA/TILA and requestfor accounting and legal records, dispute of debt letter will be sent to the FTC, HUD,

Thrift Supervision, all relevant state and federal regulators; and other consumeradvocates.



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Default Provision(s) under this QUALIFIED WRITTEN RESPA REQUEST.PHANTOM LENDING COMPANYs or any agents, transfers, or assignsomissions of, or agreement by their silence of this RESPA REQUEST, viacertified rebuttal, of all points, questions, & requests herein, denotesagreement and consent to those points, and the premise of thosequestions & requests. The potential consequences of this are several and

include, but are not limited by, an immediate termination/removal of all right,title, and interests (liens) in John Henry Does property or collateral connectedto John Henry Doe or account # 123456789. Under such conditions, PHANTOMLENDING COMPANY waives all immunities and defenses in claims and orviolations agreed to in this RESPA REQUEST, including, but not limitedby, all of the following:

John Henry Does right, by breach of fiduciary responsibility and fraudand misrepresentation, to execute a revocation and rescinding of power ofattorney and/or other appointment PHANTOM LENDING COMPANY may have,or may have had, in connection with account # 123456789, and any propertyand/or real estate connected with account # 123456789.

John Henry Does right to have any certificated or uncertificatedsecurity re-registered solely in John Henry Does name.

John Henry Does right of collection, via PHANTOM LENDINGCOMPANYs liability insurance and/or bond.

John Henry Does entitlement in filing and executing any instruments,as power of attorney for, and by, PHANTOM LENDING COMPANY, including,but not limited by, a new certificated security, or any security agreementperfected by filing a UCC Financing Statement with the Secretary of State in

the State where the PHANTOM LENDING COMPANY is located.

John Henry Does right to damages, because of PHANTOM LENDINGCOMPANYs wrongful registration, breach of intermediary responsibility withregard to John Henry Does asset, by PHANTOM LENDING COMPANY issuing to

John Henry Doe a certified check for the original value of John Henry Doesmonetary instrument.

John Henry Does right to have account # 123456789 completely setoff because of PHANTOM LENDING COMPANYs wrongful registration, breachof intermediary responsibility with regard to John Henry Does monetaryinstrument/asset, by PHANTOM LENDING COMPANY sending confirmation of

set off of wrongful liability of John Henry Doe and issuing a certified check forthe difference between the original value of John Henry Does monetaryinstrument/asset and what John Henry Doe mistakenly sent to PHANTOMLENDING COMPANY as payment for such wrongful liability.



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PHANTOM LENDING COMPANY or any transfers, agents, or assigns who offer arebuttal of this RESPA QUALIFIED WRITTEN REQUEST, TILA REQUEST,COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER, must do soin the manner of this RESPA REQUEST, in accordance with, and in compliancewith, current statutes and/or laws by signing in the capacity of a fully liable man orwoman being responsible and liable under penalty of perjury, while offering direct

testimony with the official capacity as an appointed agent for PHANTOM LENDINGCOMPANY in accordance with PHANTOM LENDING COMPANYs Articles ofIncorporation and By Laws, duly signed by a current and duly sworn underoath director(s) of such corporation/holding corporation/nationalassociation. Any direct rebuttal with certified true and complete accompanyingproof, must be posted to the above-provided notary acceptor address within sixtybusiness days. If and when no verified rebuttal of this RESPA REQUEST is made ina timely manner, a Certificate of Non-Response serves as PHANTOM LENDINGCOMPANYs judgment and consent/agreement with all claims and/or violationsherein-stated in the default provisions or any other law.

Power of Attorney: If and when PHANTOM LENDING COMPANY fails by not

rebutting to any part of this RESPA REQUEST PHANTOM LENDING COMPANYagrees with the granting unto John Henry Does unlimited Power of Attorney andfull authorization in signing or endorsing PHANTOM LENDING COMPANYs nameupon any instruments in satisfaction of the obligation(s) of this RESPAREQUEST/Agreement or any agreement arising from this agreement. Pre-emptionof, or to, any Bankruptcy proceeding shall not discharge any obligation(s) of thisagreement. Consent and agreement with this Power of Attorney by PHANTOMLENDING COMPANY waives all claims of John Henry Doe, and/or defenses andremains in effect until satisfaction of all obligation(s) by PHANTOM LENDINGCOMPANY has been satisfied.

Sincerely,

______________________________________ ______________________________________

Daniel Ernst Valerie Ernst

CC:

Federal Trade Commission Office of RESPA and Interstate Land Sales

600 Pennsylvania Avenue NW Office of Housing, Room 9146

Washington, DC 20580 Department of Housing and Urban Development

451 Seventh Street SW

Office of Housing Enterprise Oversight (OFHEO) Washington, DC 204101700 G Street NW, Fourth Floor

Washington, DC 20552



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killer qwr qualified written request

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