Professional Documents
Culture Documents
Re:
Any Address USA Loan Number: 0012345678
Any City, State Zip Code
Under the Truth in Lending Act and Fair Debt Collection Practices Act, I am entitled
to enquire and clarify as to the nature of the claim you have against the above loan.
This is a discovery notice in good faith. I am making a good faith effort to confer with
you to confirm that you are still the RIGHTFUL Holder in Due Course of my
Promissory Note and that no other party may lay claim against my property under
U.C.C. - ARTICLE 3 -§3-302. I hereby demand that you provide proof to me that you
are in fact the rightful holder in Due Course.
If you are in fact just a servicer, I demand that you identify both the Holder in Due
Course (with proof that they are in fact the Holder in due course) and written
authorization that entitles you to service this instrument.
If you are unable to provide this proof as I have requested, then you are not a party of
interest and cannot rightfully enforce your claim under U.C.C. - ARTICLE 3 § 3-301.
To further clarify our relationship, please provide an affidavit or a letter under penalty of
perjury stipulating that you or another alleged lender are a creditor following Generally
Accepted Accounting Principles (GAAP) whereby true double entry book accounting
was performed in issuing my loan showing a debit against the bank’s assets as a result
of my loan. If you are not the holder in due course, I require you to identify who the
holder in due course is and their address. If you are claiming to be the agent of the
holder in due course, this notice of demand is presented to you and you have an
obligation to notify the holder. Notice to agents is notice to principals. In a recent case
law, it was ruled as follows:
It is worth repeating as a warning to lenders and servicers that the rules of this
Court apply to them. Their private agreements and the frenzied trading market
for mortgages do not excuse compliance with Bankruptcy Rules any more than
they would justify ignoring the Bankruptcy Code.
(In re: Nosek, 406 B.R. 434, 440 (D.Mass 2009) bankruptcy trial court decision)
Under US Code TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692g part b), this
debt is now officially in dispute. By law, all collection activities must cease until this
matter is resolved. You are hereby given notice. Blatant disregard for this law is subject
to fines by the FTC. You are advised to consult your legal counsel on this matter.
I am giving you formal notice that failure to respond to this letter through a verified and
validated proof of claim within 21 days as I have asked for, point for point will be taken
as an administrative default.
Please be advised. A COPY of the said Note nor an Affidavit of Loss or any other
forms will not be acceptable.
Sincerely,_________________________________
This instrument was acknowledged before me the ____ day of _______________, 2010,
By: ___________________________________
______________________________________ SEAL
Notary Public
cc: (Regular mail)
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20580
QWR
1st Be sure to have your QWR notarize, Mail certified to lender or if in foreclosure to both the lender and
it’s Attorney office, also with return receipt
2nd Make notes on computer or paper date mail out, date received lender received receipt.
3rd Start the count down within 20days to be notify by lender they received the QWR .
4th Wait within 60 days to receive answer back from lender. (if no response contact a local Attorney in
you City or State)
5th When received answers from lender use your leverage start negotiating with lender.
6th When they refuse to work with you immediately, contact a local Attorney in you City or State real
soon. ACTION!
Respectfully Yours