Pre-Foreclosure Notice

[quasimodo]

Well here we go folks! I have heard that after studying anything for a period of time there is usually a test which follows the study. It's test time.

A week ago my wife and I (separately) received notice of foreclosure if we don't lay out 5 grand right now, or by April 11, 08.

Here is my response.
I just got back from the P.O. where I sent 4 envelopes to their respective destinations via certified return receipt.
2 went to the mortgage co., and 2 went to a third party auditor.
I have sanitized these documents (absent names, addresses...) and have posted the documents I sent to them here for your enjoyment.
Remember this is round 1. DING!
I will keep this board posted as things progress.
Q

[quasimodo]

Well OK, the attachment manager said, error invalid file. Considering the nature of this post that's not encouraging.
So, I will post the text as best I can.

(Start)

NON NEGOTIABLE NOTICE OF DEMAND TO VALIDATE, VERIFY, PROVE, AUTHENTICATE, SUBSTANTIATE, CONFIRM, CORROBORATE AND/ OR JUSTIFY SAID DEBT CLAIM.

Notice to agent is notice to principle
Notice to principle is notice to agent.


March 24, 2008 Certified Mail/Return
Receipt Requested

WHATEVER MORTGAGE CO.
P.O. Box 1234
SOMEWHEREVILLE, STATE 51515-1234

In re Notice sent March 11, 2008 from, WHATEVER MORTGAGE CO. P.O. Box 1234
SOMEWHEREVILLE, STATE 51515-1234 to Quasimodo 12345 Right Here Dr. Nowhereville, Texas [78000] in re account No. xxxxxxxxx, which is now returned to WHATEVER MORTGAGE CO. P.O. Box 1234 SOMEWHEREVILLE, STATE 51515-1234 Refused for Cause Without Dishonor.


NON NEGOTIABLE DEMAND TO
VALIDATE DEBT CLAIM TO
RESPONDENT AND THIRD PARTY WITNESS


FDCPA Section 809. Validation of debts [15 USC 1692g]

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

The word 'verify' means: To confirm or substantiate by oath or affidavit. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word "verified," when used in a statute, ordinarily imports a verity attested by the sanctity of an oath. It is frequently used interchangeably with "sworn".

[quasimodo]

To prove to be true; to confirm or establish the truth or truthfulness of; to check or test the accuracy or exactness of; to confirm or establish the authenticity of; to authenticate; to maintain; to affirm; to support; second; back as a friend. See also Verification. Black's Law Dictionary 5th Ed.


TITLE 15--COMMERCE AND TRADE

CHAPTER 41--CONSUMER CREDIT PROTECTION

SUB-CHAPTER V--DEBT COLLECTION PRACTICES

Sec. 1692j. Furnishing certain deceptive forms

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.

(Pub. L. 90-321, title VIII, Sec. 812, as added Pub. L. 95-109, Sept.
20, 1977, 91 Stat. 880.)


NOTICE:

Please provide me with the following:


• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for the plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Proof the Statute of Limitations has not expired on this account.
• Proof that you are licensed to collect on a debt in the State of Texas;

[quasimodo]

• License numbers for debt collection practices and Registered Agent.
• A completed, signed and notarized copy of the attached Debt Collectors Disclosure Statement with all required documents as detailed therein.


At this time I will also inform you that if your offices have reported invalidated information to any Credit Bureau this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent this may set the groundwork for litigation for the following:

• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Violation of the Truth In Lending Act
• Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration and the Debt Collectors Disclosure Statement (attached herein), I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for advice on further action. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

I would also like to request, in writing, that no telephone contact be made by your offices to my home, or my cellular telephone, or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

In regard to recovery on a promissory note, should this matter go to court your company will be required to prove:

(1) the existence of the note in question;
(2) that the party sued signed the note;
(3) that the plaintiff is the owner or holder of the note in due course;
(4) that a certain balance is due and owing on the note.
See In Re: SMS Financial LLC. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals.), and
(5) that NATIONAL CITY MORTGAGE CO. Is the holder in due course of an original negotiable instrument pursuant to UCC 3-302

[quasimodo]

You are hereby noticed that any and all information you provide as proof of said debt claim including the DEBT COLLECTOR DISCLOSURE STATEMENT (completed in full) must also be presented to a third party witness.

Witness
1) n. a person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness is not available) with first-hand or expert evidence useful in a lawsuit. A party to the lawsuit (plaintiff or defendant) may be a witness. 2) n. a person who sees an event. 3) n. a person who observes the signing of a document like a will or a contract and signs as a witness on the document attesting that the document was signed in the presence of the witness. 4) v. to sign a document verifying that he/she observed the execution of the process.

Third party witness’s contact information:

All correspondence must include copies by USPS registered return receipt to:

ENDLESS FRAUD DETECTION SERVICES
CO: Bob Someguy
P.O. Box 8888
Austin, TX 78787

Failure to provide documentation to both myself and the third party witness within the specified thirty (30) day period from receipt of this document will result in your first default notice.

Failure to perform as prescribed by this notice is Acquiescence, dishonor and/or admittance to NOT holding in due course a true and accurate legally binding debt note.


Best Regards,

Without Recourse, Without Prejudice



____________________________________ Date:_____________
Me

[quasimodo]

(second document)

NON-NEGOTIABLE NOTICE TO COMPLETE IN FULL
DEBT COLLECTOR DISCLOSURE STATEMENT
NOT AN OFFER. ALL RIGHTS/DEFENSES RESERVED. RIGHT TO REJECT ANY AND ALL BIDS OF PRIVATE SETTLEMENT RESERVED.
authorized representative not accountable for errors and omission of the offerror and offerror’s partners, known and unknown

(This statement and the answers contained herein may be used in any court of competent jurisdiction.)
Secured Party’s Private International Administrative Remedy Demand
Respondent:_______________________________________ __________
NOTICE: In accordance with the Fair Debt Collection Practices Act, 15 USC §1692g and the Fair Credit Reporting Act, WHATEVER MORTGAGE CO P.O. Box 1234 SOMEWHEREVILLE, STATE 51515-1234 must send completed Debt Collector Disclosure Statement with verification, i.e., “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black’s Law Dictionary, Sixth Edition), of the records regarding each of the following questions with-in thirty (30) days of certified mailed receipt of this legally binding document between Quasimodo and WHATEVER MORTGAGE CO. P.O. Box 1234 SOMEWHEREVILLE, STATE 51515-1234
:
1. Name of Debt Collector:

2. Address of Debt Collector:

3. Amount of debt reported by Debt Collector:

4. Did Debt Collector purchase this account from the original creditor?
YES
NO
5. Date of purchase from original creditor and purchase amount:
Date:________________________

Amount:$_______________________
6. Did Debt Collector purchase this account from a previous debt collector?
YES
NO

[quasimodo]

7. Date of purchase from previous debt collector and purchase amount:
Date: ______________________

Amount:$______________________
8. Transfer of rights re this account was executed by which of the following methods:
(a) assignment; (b) negotiation; (c) novation; (d) other – explain:
__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________
9. Regarding this account, does the Debt Collector have a bona fide affidavit of assignment for entering into the purported contract between the original Creditor and alleged Debtor?
YES
NO
10. Has Debt Collector provided alleged Debtor with the requisite verification of the debt as required by the Fair Debt Collection Practices Act?
YES
NO
11. Date alleged Debtor was provided with the verification cited in # 10, supra:

__________________________________________________ ___________________
12. Was the verification cited in # 10, supra, executed in the form of a sworn or affirmed oath, affidavit, or deposition?
YES
NO
13. Verification was provided alleged Debtor in the form of:
OATH
AFFIDAVIT
DEPOSITION

[quasimodo]

14. Regarding this account, Debt Collector is currently the:
(a) owner; (b) assignee; (c) holder; (d) holder in due course; (e) other – explain:
__________________________________________________ ___________________

__________________________________________________ ___________________.
15. If the transfer of rights re this account was by assignment, was there consideration?
YES
NO
16. What is the nature and cause of the consideration cited in # 15, supra?
__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________.
17. If the transfer of rights re this account was by negotiation, was the account taken for value?
YES
NO
N/A (not applicable)
18. What is the nature and cause of any value cited in #17, supra?
__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________.
19. If the transfer of rights re this account was by novation, was consent given by alleged Debtor?
YES
NO
20. What is the nature and cause of any consent cited in #19, supra?
__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________
21. Does Debt Collector have knowledge of any claim(s)/defense(s) re this account?
YES
NO

[quasimodo]

22. What is the nature and cause of any claim(s)/defense(s) re this account?
__________________________________________________ ___________________

__________________________________________________ ___________________
23. Was alleged Debtor sold any products/services by Debt Collector?
YES
NO

24. What is the nature and cause of any products/services cited in # 23, supra?
__________________________________________________ ___________________

__________________________________________________ ___________________
25. Does a verifiable, bona fide, original commercial instrument exist, bearing alleged Debtor’s bona fide signature, between Debt Collector and alleged Debtor?
YES
NO
26. What is the nature and cause of any verifiable commercial instrument cited in # 25, supra?
__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________
27. Does verifiable evidence exist of an exchange of a benefit or detriment between Debt Collector and alleged Debtor?
YES
NO
28. What is the nature and cause of any exchange of a benefit or detriment as cited in # 27, supra?
__________________________________________________ ___________________

__________________________________________________ ___________________

__________________________________________________ ___________________.
29. Does any verifiable external act exist giving the objective semblance of agreement between Debt Collector and alleged Debtor?
YES
NO

[quasimodo]

30. What is the nature and cause of this external act(s) giving the objective semblance of agreement?
__________________________________________________ ___________________

__________________________________________________ ___________________
31. Have any charge-offs been made by any creditor or debt collector regarding this account?
YES
NO
32. Have any insurance claims been made by any creditor or debt collector regarding this account?
YES
NO
33. Have any tax write-offs been made by any creditor or debt collector regarding this account?
YES
NO
34. Have any tax deductions been taken by any creditor or debt collector regarding this account?
YES
NO
35. Have any judgments been obtained by any creditor or debt collector regarding this account?
YES
NO

Respondent’s failure, intentional and otherwise, in completing and returning Debt Collector Disclosure Statement, and providing Secured Party, i.e. Quasimodo, with the requisite verification validating the purported debt referenced here-in above, constitutes Respondent’s tacit agreement that Respondent has no verifiable, lawful, bona fide claim re the purported account referenced here-in above, and that Respondent tacitly agrees that Respondent waives all claims against Secured Party and indemnifies and holds Secured Party harmless against any and all costs and fees incurred heretofore and hereafter involved with any collection attempt concerning the purported account referenced here-in above.