Treatise: PREDATORY STRUCTURED FINANCE by CHRISTOPHER L. PETERSON

2006-Predatory Structured Finance-Christopher L. Peterson, U.of FLA-Legal Series

This article makes three intellectual contributions to this national debate: First, it argues that the current notion of predatory lending has been cast too narrowly. Some of the businesses that sponsor securitization of residential mortgage loans are aware of and capable of preventing mortgage predation. Accordingly, the label “predatory structured finance” is suggested as a necessary addendum to the lexicon of predatory lending. Second, this article tracks the evolution of structured finance of home loans, suggesting that as our financial technology has outpaced consumer protection law, it has effectively deregulated much of the consumer mortgage market. Third, this article argues that the reform strategy favored by many legislators and a growing number of scholars—assignee liability law— is only a partial solution. While a necessary component of the law, these rules are by themselves inadequate because they excuse many of the most culpable parties from accountability. An efficient legal response to predatory structured finance must include further development in an emerging trend of common law imputed liability theories.

6 Responses

  1. FROM:
    Max Meindl
    705 Hemphill
    Houston, Texas 77007
    TO:
    AMERICAN HOME MORTGAGE SERVICING, INC.,

    =====================================================================
    SECOND
    QUALIFIED WRITTEN REQUEST
    AND
    DISPUTE LETTER
    TO
    “NOTICE OF ACCELERATION OF LOAN MATURITY”
    AND
    “NOTICE OF FORECLOSURE SALE”.
    Loan No.: 4000575748
    MWZ No. 09-300801-910
    This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
    I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
    I, Max Meindl, hereby respectfully submit the following in dispute of the answer to my initial QWR as being insufficient and condescending and also stipulating for the record your response was provided just shy of SEVEN (7) months after the QWR was submitted on April 21st, 2010. It appears the only reason you responded was by the prompting of the Texas Attorney General’s office.
    Your reference to the provisions of the compliance requirements of 12 USC 2605(e) is lame and deficient at best.
    You are correct in stipulating “information relating to the servicing of such loan” … is interesting in that you have refused to address specific questions regarding the servicing of our loan.
    You claim the right or authority to “service” said loan, which was originated on January 21st, 2005, yet you provide a payment history that only goes back to February 28th, 2009.
    I am very interested in and hereby demand an accurate and complete accounting of the four (4) missing years of payments since the origination of the loan.
    Any questions or requests stipulated within the body of this QWR are specific to the accounting, ownership, transfer, or rights of any servicer to accept any payments under the provisions of the original note and deed of trust.
    I am requesting information specific to the servicing of this loan including but not limited to your authority to service said loan, from whom that authority is derived, and by what formal and statutory transactions did you obtain that right, from whom and for whom.
    “A qualified written request must … include a statement of the reasons for the belief of the borrower that the account is in error.” Walker v. Equity 1 Lenders Group, 2009 WL 1364430 *4-5 (S.D.Cal. 2009); Morilus v. Countrywide Home Loans, Inc., 2007 WL 1810676 at *3 (E.D.Pa. June 20, 2007); Harris v. Am. Gen. Fin., Inc., 2007 WL 4393818 *1 (10th Cir.2007); Pettie v. Saxon Mortg. Services, 2009 WL 1325947 *2, fn. 3 (W.D.Wash. 2009).
    I question your authority to service our loan.
    The question of whether a principal agent relationship exists under established facts is a question of law for the court. Ross v. Tex. One P=ship, 796 S.W.2d 206, 210 (Tex. App.BDallas 1990, writ denied).
    However, the servicing agent may not have standing: “Federal Courts have only the power authorized by Article III of the Constitutions and the statutes enacted by Congress pursuant thereto. … [A] plaintiff must have Constitutional standing in order for a federal court to have jurisdiction.” In re Foreclosure Cases, 521 F.Supp. 3d 650, 653 (S.D. Ohio, 2007)
    The servicing agent does not have standing, for only a person who is the holder of the note has standing to enforce the note. See, e.g., In re Hwang, 2008 WL 4899273 at 8.
    The servicing agent may have standing if acting as an agent for the holder, assuming that the agent can both show agency status and that the principle is the holder. See, e.g., In re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008) at 520.
    If challenged, the servicing agent must show that the last entity to communicate instructions to the debtor is still the holder of the note. See, e.g., HSBC Bank, N.A. v. Valentin, 2l N.Y. Misc. 3d 1123(A), 2008 WL 4764816 (Table) (N.Y. Sup.), Nov. 3, 2008
    Each of these alleged Trustees, in order to have any relevance to the case, must have the acquired legal enforceable rights. The acquisition of legal enforceable rights is ONLY through a document of transfer that identifies the Grantor as the party who has the power to appoint the Trustee and his/her/its powers.
    A note may be transferred, however, even if it is not indorsed by the transferee; in that case, the transferee acquires whatever rights the transferor had in the note, but he does not become the holder. See Tex. Bus. & Comm. Code Ann. § 3.201; Waters v. Waters, 498 S.W.2d 236, 241 (Tex. Civ. App.—Tyler 1973, writ ref’d n.r.e.).
    A person not identified in a note who is seeking to enforce it as the owner or holder must prove the transfer by which he acquired the note. Jernigan, 803 S.W.2d at 777; Priesmeyer, 917 S.W. 2d at 939.
    An issue of material fact on the issue of ownership of a note is presented when there is an unexplained gap in the chain of title. First Gibraltar Bank, FSB, v. Farley, 895 S.W.2d 425, 428-29 (Tex. App.—San Antonio 1995, writ denied); Jernigan, 803 S.W.2d at 777.
    Texas Property Code provision, Section 13.001, provides that a conveyance of real property is void as to a subsequent purchaser for value without notice of the conveyance, unless the instrument of conveyance is acknowledged and filed of record. Tex. Prop. Code Ann. § 13.001 (Vernon 2002).
    Introduction of a copy of the alleged debt obligation in question rather than the original ink-signed paper promissory note by the plaintiffs, using the excuse that it is of customary procedure, is inadmissible. In United States of America v. Hibernia National Bank, 841 F.2d 592 96 A.L.R.Fed. 895, 5 UCC Rep.Serv.2d 1392, United States Court of Appeals, Fifth Circuit. April 5, 1988. Rehearing and Rehearing En Banc Denied
    May 9, 1988, the court stated: “Hibernia’s reliance on commercial custom is misplaced. Commercial custom does not apply where the U.C.C. provides otherwise”.
    A principal-agent relationship is not presumed, and the party asserting the relationship has the burden of proving it. Id. The party claiming agency must prove the principal has both the right to assign the agent’s task and the right to control the means and details by which the agent will accomplish the task. Lyons v. Lindsey Morden Claims Mgmt., Inc., 985 S.W.2d 86, 90 (Tex. App.BEl Paso 1998, no pet.)
    I am interested in the current “HOLDER IN DUE COURSE” party who can establish beyond any doubt, the legal right, via compliance with all applicable statutory requirements, to accept any payments on this note.
    I am inquiring by what authority you have the right to collect payments on this property and on behalf of what party you are receiving said payments.
    I am submitting the following in compliance with the referenced Federal Law.
    NOTE: If a lender or loan servicer breaches this duty, a borrower may recover any “actual damages” proximately caused. “Actual damages” includes time spent on the case (and lost wages if required to be away from work), attorney fees, and there is legal precedent for the recovery of emotional distress damages for a loan servicer’s failure to comply with RESPA. See Johnstone v. Bank of America, N.A., 173 F.Supp.2d 809, 814-16 (N.D.Ill.2001) (RESPA plaintiffs may recover for mental suffering); Ploog v. HomeSide Lending, Inc., 209 F.Supp.2d 863, 870 (N.D.Ill.2002); and Rawlings v. Dovenmuehle Mortgage, Inc., 64 F.Supp.2d 1156, 1166 (M.D.Ala.1999). See also Wanger v. EMC Mortgage Corp., 103 Cal.App.4th 1125, 127 Cal.Rptr.2d 685, Cal.App. 5 Dist.,(2002.
    Certain courts have noted that the QWR process relates to any request for information related to servicing. Cortez v. Keystone Bank, Inc., 2000 U.S. Dist. Lexis 5705, *36-37 (E.D. Pa. May 2, 2000).
    (“[The] RESPA borrower inquiry provision applies . . . to any request for information relating to the servicing of a federally related mortgage loan, while the billing error notice provision of TILA applies only to billing errors.”).
    For the record, I respectfully request you answer and affirm, for the record, the following to the best of your ability.

    INSTRUCTIONS
    1. These QUESTIONS AND INQUIRY for are directed toward all information known or available to Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage, not its lawyer, including information contained in the records and documents in Deutsche Bank National Trust Company’s, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage custody or control or available to Deutsche Bank National Trust Company, Ameriquest Mortgage Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage upon reasonable inquiry.
    2. Each request is to be deemed a continuing one. If, after serving an answer, you obtain or become aware of any further information pertaining to that request, you are requested to serve a supplemental answer setting forth such information.
    A. As to every request for which an authorized officer of Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage fails to answer in whole or in part, the subject matter of that request will be deemed confessed and stipulated as fact to the possible use in Court.
    B. Kindly attach additional sheets as required identifying the question being answered. You have a continuing obligation to update the information in these questions as you acquire new information. If no such update is provided in a reasonable period of time that you acquired such information, it may be excluded at trial or hearing.

    DEFINITIONS
    3. “You” and “your” include Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, and any and all persons acting for or in concert with Deutsche Bank National Trust Company.
    4. “Document” is synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a) and includes computer records in any format. A draft or non-identical copy is a separate document within the meaning of this term. The term “document” also includes any “tangible things” as that term is used in Rule 34(a).
    5. Parties. The term, as well as a party’s full or abbreviated name or a pronoun referring to a party, means the party and, where applicable, (his/her/its) agents, representatives, officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates.
    6. Identify (person). When referring to a person, “identify” means to give, to the extent known, the person’s full name, present or last known address, telephone number, and when referring to a natural person, the present or last known place of employment. Once a person has been identified in compliance with this paragraph, only the name of that person needs to be listed in response to later discovery requesting the identification of that person.
    7. Identify (document). When referring to a document, “identify” means to give, to the extent known, the following information: (a) the type of document; (b) the general subject matter of the document; (c) the date of the document; (d) the authors, address, and recipients of the document; (e) the location of the document; (f) the identity of the person who has custody of the document; and (g) whether the document has been destroyed, and if so, (i) the date of its destruction, (ii) the reason for its destruction, and (iii) the identity of the person who destroyed it.
    8. Relating. The term “relating” means concerning, referring, describing, evidencing, or constituting, directly or indirectly.
    9. Any. The term “any” should be understood in either its most or its least inclusive sense as necessary to bring within the scope of the discovery request all reasons that might otherwise be construed to be outside of its scope.
    10. QUALIFIED WRITTEN REQUEST
    1. Please identify each person who answer these Questions and Inquiry and each person (attach pages if necessary) who assisted, including attorneys, accountants, employees of third party entities, or any other person consulted, however briefly, on the content of any answer to these Questions and Inquiry.
    ANSWER:

    11. For each of the above persons please state whether they have personal knowledge regarding the subject loan transaction.
    ANSWER:

    12. Please state the date of the first contact between Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, Argent Mortgage, and Ameriquest Mortgage and the borrower in the subject loan transaction, the name, address and telephone number of the person(s) in your company who was/were involved in that contact.
    ANSWER:

    13. 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).
    Reference: Account #4000575748.
    14. Hereinafter the subject loan and is the reference for all additional questions and requests described below.
    15. I am writing about the accounting and servicing of this mortgage 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.
    16. I hereby demand absolute firsthand evidence from you of the original uncertified or certified security regarding the above referenced account. In the event you do not supply me with the very security, it will be a positive confirmation on your part that you never really created or owned one.
    17. I also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent as well. Absent the actual evidence of the security, I have no choice but to dispute the validity of your lawful ownership, funding, entitlement right and the current debt.
    18. By debt, I am referring to the principal balance; the calculated monthly payment; calculated escrow payment and any fees claimed to be owed by you or any trust or entity you may service or sub-service for.
    19. To independently validate this debt, I will need to conduct a complete review and accounting of this mortgage from its inception through the present date. Upon receipt of this letter, refrain from reporting any negative credit information (if any) to any credit reporting agency until you respond to each of the requests. To do so would be in violation of the Fair Credit Reporting Act.
    20. I also request that you conduct your own investigation and audit of this account since its inception to validate the debt you currently claim is owed. I would like you to validate the debt so that it is accurate to the penny.
    21. Do not rely on previous servicing companies or originator’s records, assurances or indemnity agreements.
    22. Instead, I demand that you conduct a full audit and investigation of this account.
    23. In examining the loan documents, I suspect that you may have engaged in predatory lending practices including:
    •Inflating the appraisal of this property
    •Increasing the amounts of monthly payments;
    •Increasing the principal balance owed;
    •Increasing escrow payments;
    •Increasing the amounts applied and attributed toward interest on this account;
    •Decreasing the proper amounts applied and attributed toward the principal on this account; assessed, charged and/or collected fees, expenses and miscellaneous charges I am not legally obligated to pay under the mortgage, note and/or deed of trust.
    24. I request that you prove that I have not been the victim of such predatory lending and servicing practices.
    25. Since this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 section 2605(e) of the United States Code as well as a request under the Truth in Lending Act 15 U.S.C. section 1601, there are substantial penalties and fines for non-compliance, or failure to answer my questions within 20 business days of its receipt, and 60 business days to resolve my concerns.
    26. In order to conduct the examination of this loan, I need to have full and immediate disclosure including copies of all pertinent information.
    27. Please provide me with factual and detailed answers to the following questions.
    28. Was this loan 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 Practices Act, HOEPA and other laws?
    29. Was the origination and/or any sale or transfer of this account or monetary instrument conducted in accordance with proper laws and was it a lawful sale with complete disclosure to all parties with an interest?
    30. Please disclose whether the claimed holder in due course of the monetary instrument/deed of trust/asset is in compliance with statutes, state and federal laws and who is entitled to the benefits of payments.
    31. Were all transfers, sales, Power of Attorney, monetary instrument ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees properly disclosed; including but not limited to the period commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?
    32. Has each servicer and sub-servicers of this mortgage serviced this mortgage in accordance with statutes, laws and the terms of mortgage, monetary instrument/deed of trust, including but not limited to all accounting or bookkeeping entries, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent transfer thereof?
    33. Has this mortgage account been credited, debited, adjusted, amortized and charged correctly, commencing with the original loan solicitation until now and including any parties, instruments, assignments, letters of transmittal, certificates of asset-backed securities and any subsequent Nenatransfer thereof?
    34. How was the payment, in the amount of $10,610.37 and received on September 22nd, 2009, allocated to the account. Delivery verified by:
    Label/Receipt Number: EH31 4455 265U S
    Class: Express Mail®
    Status: Delivered

    Your item was delivered at 11:34 AM on September 22, 2009 COPPELL, TX 75019 to AHMSI . The item was signed for by K JONES.
    Detailed Results:

    Delivered, September 22, 2009, 11:34 am, COPPELL, TX 75019

    Arrival at Unit, September 22, 2009, 10:23 am, COPPELL, TX 75019

    Processed through Sort Facility, September 22, 2009, 3:06 am, COPPELL, TX 75099

    Processed through Sort Facility, September 21, 2009, 8:00 pm, NORTH HOUSTON, TX 77315

    Acceptance, September 21, 2009, 11:49 am, BELLVILLE, TX 77418

    35. Has interest and principal been properly calculated and applied to this loan?
    36. Has any principal balance been properly calculated, amortized and accounted for?
    37. Have charges, fees or expenses, not obligated in any written agreement, been charged, assessed or collected from this account or any other related account arising out of the subject loan transaction?
    38. I also need answers, in writing, to various servicing questions.
    39. 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 from each computer system, program or database used by you that contains any information on this account.
    40. As such, please send to me, at the address below, copies of the documents requested below as soon as possible.
    41. Please also provide copies, front and back, of the following documents regarding this loan:
    42. Any certificated or un-certificated security used for the funding of this account;
    43. Any and all “Pooling Agreement(s)” or “Servicing Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any government sponsored entity, hereinafter GSE or other party;
    44. Any and all “Deposit Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    45. Any and all “Servicing Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    46. Any and all “Custodial Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    47. Any and all “Master Purchasing Agreement(s)” between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    48. Any and all “Issuer Agreement(s)” between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    49. Any and all “Commitment to Guarantee” agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    50. Any and all “Release of Document” agreement(s) between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    51. Any and all “Master Agreement for Servicer’s Principal and Interest Custodial Account” between the nominal lender at the loan closing and any other party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    52. Any and all Servicer’s Escrow Custodial Account” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    53. Any and all “Release of Interest” agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
    54. Any Trustee agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any GSE or other party;
    55. Please also send me copies, front and back, of:
    1. Any documentation evidencing any trust relationship regarding the Mortgage/Deed of Trust and any Note in this matter;
    2. Any and all document(s) establishing any Trustee of record for the Mortgage/Deed of Trust and any Note;
    3. Any and all document(s) establishing the date of any appointment of Trustee for this Mortgage or Deed of Trust and any Note, including any and all assignments or transfers or nominees of any substitute trustee(s);
    4. Any and all document(s) establishing any Grantor for this Mortgage or Deed of Trust and any Note;
    5. Any and all document(s) establishing any Grantee for this Mortgage or Deed of Trust and any Note;
    6. Any and all document(s) establishing any Beneficiary for this Mortgage or Deed of Trust and any Note;
    7. Any documentation evidencing the Mortgage or Deed of Trust is not a constructive trust or any other form of trust;
    8. 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.
    9. All descriptions and legends of Codes used in your mortgage servicing and accounting system so the examiners, auditors and experts retained to audit and review this mortgage account may properly conduct their work.
    10. All assignments, transfers or other documents evidencing a transfer, sale, or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment to this obligation in this account from the inception of this account to the present date, including any such assignment on MERS.
    11. All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on MERS.
    12. All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.
    13. 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.
    14. All escrow analyses conducted on this account from the inception of this account until the date of this letter.
    15. 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 statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees and points.
    16. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others on this account.
    17. All letters, statements and documents sent by your company.
    18. All letters, statements and documents sent by agents, attorneys or representatives of your company.
    19. All letters, statements and documents sent by previous servicers, sub-servicers, or others in your account file or in your control or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.
    20. 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 the present date.
    21. All electronic transfers, assignments and sales of the note, asset, mortgage, deed of trust or other security instrument.
    22. All copies of property inspection reports, appraisals and reports done on the property.
    23. All invoices for each charge such as inspection fees, 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.
    24. All checks used to pay invoices for each charge such as inspection fees, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this account from the inception of this account to the present date.
    25. 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.
    26. 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 to the present date.
    27. All account servicing transaction records, ledgers and registers detailing how this account has been serviced from the inception of this account to the present date.

    55. With Regard to Account Accounting and Servicing Systems:
    1. Please identify each accounting and servicing system used by you and any sub-servicers or previous servicers from the inception of this account to the present date so that experts can decipher the data provided.
    2. For each accounting and servicing system identified by you and any sub-servicers or previous servicers from the inception of this account to the present date, please provide the name and address of the company that designed and sold the system.
    3. For each 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.
    56. With Regard to Debits and Credits:
    1. Please detail each and every credit on this account from the date such credit was posted to this account as well as the date any credit was received.
    2. Please detail each and every debit on this account from the date such debit was posted to this account as well as the date any debit was received.
    3. For each debit and credit listed, please provide me with the definition for each corresponding transaction code utilized.
    4. For each transaction code, please provide the master transaction code list used by you or previous servicers.
    57. With Regard to Mortgage and Assignments:
    1. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument executed to secure this debt been recorded in the county property records in the county and state in which the property is located from the inception of this account to the present date? Please respond either, Yes or No?
    2. If so, why not?
    3. Is your company the servicer of this mortgage account or the holder in due course and beneficial owner of this mortgage, monetary instrument and/or deed of trust?
    4. Have any sales, transfers or assignments of this mortgage, monetary instrument, deed of trust or any other instrument 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 the names of the seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage, deed of trust or security instrument executed securing the obligation on this account that was not recorded in the county records where the property is located, whether they be mortgage servicing rights or the beneficial interest in the principal and interest payments.
    58. With Regard to Attorney Fees: In answering the questions below, assume attorney fees and legal fees to be one and the same.
    1. Have attorney fees ever been assessed to this account from the inception of this account to the present date? Yes or No?
    2. 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 assessments to this account.
    3. Have attorney fees ever been charged to this account from the inception of this account to the present date? Yes or No?
    4. If yes, please detail each attorney fee to this account from the inception of this account to the present date and the date of such assessments to this account.
    5. Please provide 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.
    6. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of attorney fees.
    7. Please detail in writing each attorney fee assessed from this account and for what corresponding payment period or month such fee was assessed from the inception of this account to the present date.
    8. Please detail in writing any adjustments in attorney fees collected and on what date such adjustment was made and the reason for such adjustment.
    9. Has interest been charged on any attorney fees assessed or charged to this account? Yes or No?
    10. Is interest allowed to be assessed or charged on attorney fees charged or assessed to this account? Yes or No?
    11. Please send me copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that have been assessed or collected from this account from the inception to the present date.
    59. With Regard to Suspense/Unapplied Accounts: In answering these questions, treat the term suspense account and unapplied account as one and the same.
    1. Has there been any suspense or unapplied transactions on this account from the inception of this account to the present date? Yes or No?
    2. Please detail each and every suspense or unapplied transaction, including debits and credits, that have occurred on this account from the inception of this account to the present date.
    60. With Regard to Late Fees: Please consider the terms late fees and late charges to be one and the same.
    1. Have you reported the collection of late fees on this account as interest in any statement to the IRS? Yes or No?
    2. Have any previous servicers or sub-servicers of this mortgage reported the collection of late fees on this account as interest in any statement 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?
    4. Are late fees considered interest? Yes or No?
    5. Please detail what expenses and damages you incurred for any payments made that were 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 damages were charged or assessed to this account.
    8. Please describe what expenses you or others undertook due to any payments made that were late.
    9. Please describe what damages you or others undertook due to any payments made that were late.
    10. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of late fees.
    11. Please detail each 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 the present date.
    12. Please detail any adjustments in late fees assessed and on what date such adjustments were made and the reason for such adjustments.
    13. Has interest been charged on any late fee assessed or charged to this account? Yes or No?
    14. Is interest allowed to be assessed or charged on late fees to this account? Yes or No?
    15. Have any late charges been assessed to this account? Yes or No?
    16. If yes, how much in total late charges have been assessed to this account from the inception of this account to the present date?
    17. Please provide the payment dates you or other previous servicers or sub-servicers of this account claim I have been late with a payment from the inception of this account to the present date.
    61. With Regard to Property Inspections: Consider property inspection and inspection fee terms that apply to any inspection of property by any source and any related fee or expense charged, assessed or collected for such inspection.
    1. Have the property inspections been conducted from the inception of this account to the present date? Yes or No?
    2. If yes, please tell me the date of each property inspection conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
    3. Please tell me the price charged for each property inspection.
    4. Please tell me the date of each property inspection.
    5. Please tell me the name and address of each company and person who conducted each property inspection on this property.
    6. Please tell me why property inspections were conducted on subject property.
    7. Please tell me how property inspections are beneficial.
    8. Please tell me how property inspections are protective of subject property.
    9. Please explain your policy on property inspections.
    10. Do you consider the payment of inspection fees as a cost of collection? Yes or No?
    11. If yes, why?
    12. Do you use your property inspections to collect debts? Yes or No?
    13. Have you used any portion of the property inspection process on subject property to collect a debt, payment or obligation? Yes or No?
    14. If yes, please answer when and why?
    15. Please identify in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment or collection of property inspection fees.
    16. Have you labeled in any record or document sent to me a property inspection as a miscellaneous advance? Yes or No?
    17. If yes, why?
    18. Have you labeled in any record or document sent to me a property inspection as a legal fee or attorney fee? Yes or No?
    19. If yes, why?
    20. Please detail each 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 the present date.
    21. Please detail any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment.
    22. Has interest been charged on any inspection fees assessed or charged to this account? Yes or No?
    23. If yes, when and how much was charged?
    24. Is interest allowed to be charged on inspection fees charged or assessed to this account? Yes or No?
    25. How much in inspection fees have been assessed to this account from the inception of this account to the present date?
    26. Please forward copies of all property inspections made on subject property in this mortgage account file.
    27. Has any fee assessed or charged for property inspections been placed into an escrow account? Yes or No?
    62. With Regard to Broker Price Opinions (BPO) Fees:
    1. Have any Broker Price Opinions been conducted on subject property? Yes or No?
    2. If yes, please tell me the date of each BPO conducted on subject property that is the secured interest for this mortgage, deed of trust or note.
    3. Please tell me the price of each BPO.
    4. Please tell me who conducted the BPO.
    5. Please tell me why BPOs were conducted on subject property.
    6. Please tell me how BPOs are beneficial.
    7. Please tell me how BPOs are protective of subject property.
    8. Please explain your policy on BPOs.
    9. Have any BPO fees been assessed to this account? Yes or No?
    10. If yes, how much in total BPO fees have been charged to this account?
    11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of a BPO fee.
    12. Please send me copies of all BPO reports that have been done on subject property.
    13. Has any fee charged or assessed for a BPO been placed into an escrow account? Yes or No?
    63. With Regard to Force-Placed Insurance:
    1. Have you placed or ordered any force-placed insurance policies on subject property?
    2. If yes, please tell me the date of each policy ordered or placed on subject property that is the secured interest for this mortgage, deed of trust or note.
    3. Please tell me the price of each policy.
    4. Please tell me the agent for each policy.
    5. Please tell me why each policy was placed on subject property.
    6. Please tell me how the policies are beneficial.
    7. Please tell me how the policies are protective of subject property.
    8. Please explain your policy on force-placed insurance.
    9. Have any force-placed insurance fees been assessed to this account? Yes or No?
    10. If yes, how much in total force-placed insurance fees have been assessed to this account?
    11. Please identify the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of force-placed insurance fees.
    12. Do you have any relationship with the agent or agency that placed any policies on this property? If yes, please describe.
    13. Do you have any relationship with the carrier that issued any policies on subject property? If yes, please describe.
    14. Has the agency or carrier you used to place a force-placed insurance policy on subject property provided you any service, computer system, discount on policies, commissions, rebates or any form of consideration? If yes, please describe.
    15. Do you maintain a blanket insurance policy to protect your properties when customer policies have expired? Yes or No?
    16. Please send me copies of all force-placed insurance policies that have been ordered on subject property from the inception of this account to the present date.
    64. With Regard to Servicing:
    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 or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial consideration from your company or affiliate of your company for handling, processing, originating, or administering this loan? If yes, please itemize each form of compensation, fee, commission, payment, rebate or other financial consideration paid to the originator of this account by your company or any affiliate.
    3. Please identify where the originals of this entire account file are currently located and how they are being stored, kept and protected.
    4. Where is the original deed of trust or mortgage and note I signed located? Please describe its physical location and anyone holding this note as a custodian or trustee if applicable.
    5. Since the inception of this account, has there been any assignment of this 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 assignments.
    6. Since the inception of this account, has there been any sale or assignment of the servicing rights to any other party? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has received such assignments or sale.
    7. Since the inception of this account, have any sub-servicers serviced any portion of this mortgage account? If the answer is yes, identify the names and addresses of each individual, party, bank, trust or entity that has sub-serviced this mortgage account.
    8. Has the mortgage account been made a part of any mortgage pool since the inception of this loan? If yes, please identify each account mortgage pool that this mortgage has been a part of from the inception of this account to the present date.
    9. Has each assignment of this asset/monetary instrument been recorded in the county land records where the property associated with this mortgage account is located?
    10. 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, identify the name and address of each individual, entity, party, bank, trust or organization or servicers that have been assigned mortgage servicing rights for this account as well as the beneficial interest to the payments of principal and interest on this loan.
    66. Have there been any investors (as defined by 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 account to the present date? If yes, identify the name and address of every individual, entity, organization and/or trust.
    67. Please identify 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 the inception of this account to the present date.
    68. How much were you paid for this individual mortgage? What premium was paid?
    69. If part of a mortgage pool, what was the principal balance used by you to determine payment for this individual mortgage loan?
    70. Who did you issue a check or payment to for this mortgage loan?
    71. Please provide me with copies of the front and back of the canceled check.
    72. Would any investor have to approve the foreclosure of subject property? Yes or No?
    73. Has HUD assigned or transferred foreclosure rights to you as required by 12 USC 3754?
    74. Please identify all persons who would have to approve foreclosure of subject property.
    75. Please identify every potential party to this foreclosure.
    ANSWER:

    76. Please identify the person(s) involved in the underwriting of the subject loan. “Underwriting” refers to any person who made representations, evaluations or appraisals of value of the home, value of the security instruments, and ability of the borrower to pay.
    ANSWER:

    77. Please identify any person(s) who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would affect the funding, closing, or the receipt of money from a third party in a transaction that referred to the subject loan.
    ANSWER:

    78. Please identify any person(s) known or believed by anyone at Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, who had received physical possession of the note and allonges, the mortgage, or any document (including but not limited to assignment, endorsement, allonges, Pooling and Servicing Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or email or faxes of transmittals including attachments) that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, or the receipt of money from a third party in a transaction, and whether such money was allocated to principal, interest or other obligation related to the subject loan.
    ANSWER:

    79. Please identify all persons known or believed by anyone in Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian or any affiliate to have participated in the securitization of the subject loan including but not limited to mortgage aggregators, mortgage brokers, financial institutions, Structured Investment Vehicles, Special Purpose Vehicles, Trustees, Managers of derivative securities, managers of the company that issued an Asset-backed security, Underwriters, Rating Agency, Credit Enhancement Provider.
    ANSWER:

    80. Please identify the person(s) or entities that are entitled, directly or indirectly to the stream of revenue from the borrower in the subject loan.
    ANSWER:

    81. Please identify the person(s) in custody of any document that identifies the loan servicer(s) in the subject loan transaction.
    ANSWER:

    82. Please identify any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction.
    ANSWER:
    83. Other than people identified above, identify any and all persons who have or had personal knowledge of the subject loan transaction, underwriting of the subject loan transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan transaction, or the decision to enforce the note or mortgage in the subject loan transaction.
    ANSWER:
    84. Please state address, phone number, and employment history for the past 5 years of Bryan Bly, Vice President, Citi Residential Lending Inc. As Attorney in Fact for Argent Mortgage Company, LLC, “designated as the Assignor” of the mortgage loan and deed of trust to Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-W2, (“Corporate Assignment of Deed of Trust”, Harris County, Texas records, Document 2005009982, [ER10-49-1981, ER1-49-1982, ER10-49-1983])
    ANSWER:
    85. Please state the date on which Argent Mortgage Company, LLC (originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller and Master Servicer).
    ANSWER:
    86. Please state the date on which Ameriquest Mortgage Company (Seller and Master Servicer) sold the mortgage loan to Argent Securities, Inc. (Depositor).
    ANSWER:
    87. Did Argent Mortgage Company, LLC (originator) or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Ameriquest Mortgage Company (Seller and Master Servicer) or any affiliate or from the trust funds, for handling, processing, originating or administering this loan?
    ANSWER:
    88. If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate or other financial consideration paid to Argent Mortgage Company, LLC, the originator or previous servicers of this account by Ameriquest or any affiliate, or from the trust fund.
    ANSWER:
    89. Please identify any party, person or entity known or suspected by Deutsche Bank National Trust Company, American Home Mortgage Servicing, Inc., Deutsch Bank National Trust Company as Trustee for Argent Securities Inc., asset-backed-pass-through certificates, series 2005-w2, Deutsche Bank National Trust Company, As Custodian, or any of your officers, employees, independent contractors or other agents, or servants of your company who might possess or claim rights under the subject loan or mortgage and/or note.
    ANSWER:
    90. Please identify the custodian of the records that would show all entries regarding the flow of funds for the subject loan transaction prior to and after closing of the loan. (Flow of funds, means any record of money received, any record of money paid out and any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company or any affiliate including but not limited to whether the subject loan transaction was ever entered into any category on the balance sheet at any time or times, whether any reserve for default was ever entered on the balance sheet, and whether any entry, report or calculation was made regarding the effect of this loan transaction on the capital reserve requirements of your company or any affiliate.)
    ANSWER:
    91. Please identify the auditor and/or accountant of your financial statements or tax returns.
    ANSWER:
    92. Please identify any attorney with whom you consulted or who rendered an opinion regarding the subject loan transaction or any pattern of securitization that may have effected the subject loan transaction directly or indirectly.
    ANSWER:
    93. Please identify any person who served as an officer or director with Deutsche Bank National Company or Argent Mortgage Company LLC commencing with 6 months prior to closing of the subject loan transaction through the present. (This question is limited only to those people who had knowledge, responsibility, or otherwise made or received reports regarding information that included the subject loan transaction, and/or the process by which solicitation, underwriting and closing of residential mortgage loans, or the securitization, sale, transfer or assignment or hypothecation of residential mortgage loans to third parties.)
    ANSWER:
    94. Did any investor/certificate holder approve or authorize foreclosure proceedings on Max Meindls’ property?
    ANSWER:
    95. Please identify the person(s) involved or having knowledge of any insurance policy or product, plan or instrument describing over-collateralization, cross-collateralization or guarantee or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan and the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any entity or buyer. A person who “transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay.)
    ANSWER:
    96. Please identify the person(s) involved or having knowledge of any credit default swap or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan.)
    ANSWER:
    97. Do you have a copy of and will you provide a copy to me of the ORIGINAL NOTE AND DEED OF TRUST?
    ANSWER OR RESPONSE:
    98. Are you aware Mr. & Mrs. Meindl claim the home as their homestead, located at 705 Hemphill Street, Houston, Texas, Harris County, Texas 77007 (the “Property”). [(If a person receives a homestead tax exemption then this designation is automatic. Case law further provides that “when a homestead claimant is in actual occupancy of his homestead, it will be deemed that a lender or encumbrancer acted with knowledge of the occupant’s right to invoke the rule of homestead.” Sanchez v. Telles, 960 S.W.2d 762, 770 (Tex. App. – El Paso 1997, pet. Denied)] [a homestead is presumed to exist until its termination is proved.” Wilcox v. Marriott, 103 S.W.3d 469, 472 (Tex App. – San Antonio 2003, pet. denied)]
    Answer;
    99. I am writing to you to complain about the accounting and servicing of my mortgage and my need for understanding and clarification of various charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of my loan from its origination to the present date.
    100. To date, the documents and information I have, that you have sent me, and the conversations with your service representatives cannot answer my many questions.
    101. It is my understanding that your company has been accused as engaging in one or more predatory lending and servicing schemes.
    102. As a citizen, I am extremely concerned about such practices by anyone, let alone my own mortgage company or anyone who has held a beneficial interest in my loan.
    103. I am concerned that such abuses are targeting the uneducated and uninformed consumer and disadvantaged, poor, elderly and minorities.
    104. Needless to say, I am more concerned as an alleged borrower. I am worried that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have negatively affected my credit rating, mortgage account and/or the debt or payments to which I am legally obligated.
    105. Because of this and other reasons that leave me to believe that I may be a victim of predatory lending, I am disputing the validity of the current debt you claim I owe.
    106. By debt I am referring to:
    107. The principal balance claimed owed;
    108. My calculated monthly payment,
    109. Calculated escrow payment
    110. And any fees claimed to be owed by you or any trust or entity you may represent.
    111. I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing.
    112. I believe that my income may have been inflated on the application.
    113. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents.
    114. It is also my belief that certain documents may have not been presented at all.
    115. Additionally, I believe that a notary was not physically present to witness my signatures on several pertinent documents and that I was ill advised at the time of closing.
    116. To independently validate my debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date.
    117. 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 my requests.
    118. I also request that you kindly conduct your own investigation and audit of my account since its inception to validate the debt you currently claim I owe.
    119. I would like you to validate this debt so that it is accurate to the penny!
    120. Please do not rely on previous or current servicers or originators records, assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account.
    121. I understand that potential abuses by you or a previous servicer could have deceptively, wrongfully, unlawfully and/or illegally:
    1. Increased the amounts of my monthly payments
    2. Increased the principal balance I owe;
    3. Increased my escrow payments;
    4. Increased the amounts applied and attributed toward interest on my account;
    5. Decreased the proper amounts applied and attributed toward principal on my account;
    6. Assessed, charged and/or collected fees, expenses and misc. charges I am not legally obligated to pay under my mortgage, note and/or deed of trust.
    122. I am thinking about contracting the Home Owners Foreclosure Hotline and/or one of their affiliates to perform a forensic document review of your investigation and audit of my account.
    123. To help me decide if I am going to move forward with a third party auditing company, I need:
    (1) copies of all documents pertaining to the origination of the alleged mortgage and note including my loan application (s), Right to cancel, deed of trust, note, adjustable rate note, addendum to the note for the interest only payment period, truth in lending statements, good faith estimate (GFE), HUD 1, appraisal, and all required disclosures and rate sheets associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety.
    (2) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the ENTIRE life of the loan.
    124. I want to insure that I have not been the victim of such predatory practices.
    125. To insure this, I will be authorizing a thorough review, examination, accounting and audit of my mortgage by a team of mortgage auditors predatory lending experts, consumer advocates, local non-profit agencies, compliance consultants and if needed LEGAL ADVOCATES.
    126. This exam and audit will review my mortgage loan file from the date of my initial
    contact, application and the origination of my loan to the present date written above.
    127. As such, please treat this letter as 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.
    128. 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!
    129. In order to conduct the examination and audit of my loan, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan.
    130. The documents requested and answers to my questions are needed by myself and my experts to insure that my loan:
    1. Was originated in lawful compliance with all federal and state laws and regulations including, but not limited to RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws;
    2. That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note;
    3. That the claimed holder in due course of my promissory note and/or deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments;
    4. That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. were properly disclosed to me at the inception of my loan;
    5. That each servicer and/or sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust;
    6. That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations;
    7. That my mortgage loan has properly been credited, debited, adjusted, amortized and charged correctly;
    8. That interest and principal have been properly calculated and applied to my loan;
    9. That my principal balance has been properly calculated, amortized and accounted for;
    10. That no charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from my account;
    131. As such, please send to me, at my address above, copies of the documents requested below as soon as possible.
    132. Please provide me copies of:
    1. 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 subservicer of my mortgage account from the inception of my loan to the date written above.
    2. 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 my mortgage account may properly conduct their work.
    3. All assignments, transfers, allonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures payment by me to my obligation in this account from the inception of my loan to the present date including any such assignments on MERS.
    4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on MERS.
    5. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date.
    6. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account.
    7. All escrow analyses conducted on my account from the inception of my loan until the date of this letter.
    8. 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 my disclosure statement 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.
    9. 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 my account.
    10. All letters, statements and documents sent to me by your company.
    11. All letters, statements and documents sent to me by agen

  2. I would so love to see AHMSI get what they deserve!! I’ve been going through my own version of Hell with these ‘so called’ lenders!! And after reading what SO many others are going through, it makes me wonder why this company still exists!?!?!?

  3. Are you wondering who and what is located at the address on your documents? Homeowners unite!

    I’d like to put together photos and information of locations where some of the fraudsters are doing their bad deeds.

    We will do our own investigation of what companies are at these addresses. Believe me, you’d be surprised!

    If you need or want a photo and/or information of an address in the Los Angeles area send me an email at KPPI2U@gmail.com. I will take a photo and attempt to find out what business listings are at that address. Tell me why and who you are looking for.

    I have the same need for some addresses in South Carolina.

    Together, let’s break this investigation wide open.

  4. Mark, I have lots of discovery, from AHMSI, and Deutsche Bank, AHMSI has acted as a debt collector in Wisconsin….We have copies of forged Mortgage assignments. We just received discovery back from Deutsche Bank, and they refused to answer any questions, or requests we had, explaining that the information requested is an extraordinary request and the cost of the same exceeds what value,if any, this information would be to the defendants. I beleive we are ready to submit info the Wisconsin Attorney General, and move sue for damages and Quiet Title.

  5. State of Texas vs. American Home Mortgage Services Inc (AHMSI)

    http://www.oag.state.tx.us/newspubs/releases/2010/082610american_pop.pdf

  6. How about posting the related story, in the applicable section?

    The Ohio Attorney General has or is going to also proceed with litigation against AHMSI, as they State of Texas Attorney General, El Paso County has filed on August 30, 2010. You may contact them, or the Attorney General in Texas – El Paso County with any complaints, questions or information you have as well as any other state AHMSI operates in such as Arizona, Pima/Maricopa County Attorney Generals. Since these are alleged interstate crimes, you can also file complaint with the FBI, the SEC and the FTC. The more information going out on these crooks the better. They get away with murder, because people have to fight back to stop them, so we will.

    I called AHMSI today and informed them I was cooperating with applicable Attorney’s General, and received the standard response, which is no response. You may also note that though not included in the State of Texas litigation record, AHMSI is also suspected of fraudulent activities in regards to their “Loan Modification” process, with several questionable circumstances in which they were involved such as denial on improper basis, miscalculated new loan schedules resulting in higher payments, requests for additional submissions of mod apps with no intent of processing, stating apps were rejected, lost or “stolen”, etc.

    The legal contact for requesting information formally from AHMSI, which may be good for the paper trail, is a fax number and a land address. I will include it below, as well as a “trustee” within their chain of trustees which may also be a good legal contact, not for response, but for establishing paper trails which AHMSI will of course have a former and new protocol for handling. The idea is to give them as much opportunity to respond to requests, or to resist such efforts, as all will eventually become investigated, and all evidence of infractions will work against AHMSI, so the more the better IMO. Remember this is an organized crime group, covering many states with many infractions, so not only could it turn into FBI investigated and issued indictments, it should be broadcast informational through networks such as craigslist, message boards, complaint boards, local news outlets etc. I would hate to think how many people are going through a hell that they can fight, if they know the nature of the trouble the crooks they are dealing or have dealt with are in (finally!, and it’s just begun).

    Also know there is potential for personal or class action civil lawsuits which can seek restitution beyond properties and fines. Now that we have a crack in that rotten egg known as AHMSI, they will continue now to be cracked wider open on many more levels to come in my opinion, but if victims, and law enforcement agencies are not made aware, it may not happen to the extent it should. With this in mind, also keep in mind your local city and county attorneys to also file complaint with. This is a serious interstate fraud and con artist ring, who premeditated and orchestrated this for at least 5 years, and who knows how many were victimized. They are also being investigated for preying upon people 65 and older, to put a cherry on top. These guys are corrupt as you and I suspected, and deserve more than they are going to get, but none the less, the more wood we can add to the fire, and the more publicity we give it, the better for the overall justice which will hopefully be served, the White House, and the US Dept. of Justice can also be notified. I have just begun myself to resume my campaign against AHMSI, so any information you have on them will be helpful. By the time I am done with the applicable craigslist posts etc, I anticipate reaching a few thousand AHMSI and former AHMSI victims.

    FYI
    If investor group was Deutsche Bank Trust here is some information:
    Deutsche Bank National Trust Company, as trustee in trust for the benefit of the certificate holders for Ameriquest Mortgage Securities Trust (Asset Backed Pass-Through Certificates) in my case.

    Their (DB) attorney in my foreclosure/eviction is:
    Routh Castle Cooper Olsen, LLC
    22601 North 19th Ave. Suite 230
    Phoenix, AZ 85207
    (623) 582-1222
    mbaker@routhcastle.com
    iquinn@routhcastle.com

    Default Resolution Network
    Legal: (949) 622-5730
    17592 17th Street
    Tustin, CA 92780-7917
    (714) 731-1248
    – Hide quoted text –

    AHMSI “Legal” Dept.
    FAX: (866) 795-6529
    Attn: Legal Departments
    AHMSI Inc.
    PO BOX 631730
    Irving, TX 75063-1730

    Information which would be helpful for me, is if you know any other states which AHMSI has been practicing debt collection services, these craigslists are good outlets for public information, and craig’s is a very high ranked network (Top 40 global nets), so all posts within craigs are harvested to search engines daily, globally, meaning any information with applicable search terms, such as AHMS, or AHMSI. etc, can be found then on other top networks and search directories such as Google for example, and many many others, so please spread the news.

    Thanks for your help and great luck to you, do NOT give up pursuit of the rats of AHMSI’s greed machine, they are sickening, and need to be brought to exposure and justice. Please remember their tentacles are from a head somewhere, including banks and various trusts associated with them, so any of these banks, trusts, investor orgs, etc, can also be called, investigated and questioned, since there is definitely a case of collusion in operations such as this. AHMSI was merely the broadcast point were nearly minimum wage operators were sent out, and other levels, to coerce people in coached ways, to milk them of everything they could, before the foreclosure would be brought about. Since foreclosure was the final collection, they milked people sometimes for a couple years, with false hope and tactics to scour money from people who were down and out. These guys are indescribable scum of the first order, and a passion should be generated when going about your own work to get them busted. There are people within AHMSI and it’s associates, reps, and agents, who should serve prison time, because they KNEW and know what they are doing. Can you imagine the confusion within AHMSI and their associated architects of fraud protocol right now? Who are they talking to now on the phone? A gullible victim, a state investigator, an FBI special agent? They are now on the grill, and I wonder what their new strategy is, hope it was a nice effect on their holiday, LOL.

    You can repost this or any information within it if you can or would like to. I will be creating a website which will have growing information on this case, AHMSI and any other crooks in their chain. I will keep you informed of my information site as I begin it. Since I’m “relocated”, it’s taking me a little time to recollect my scattered former information and records about AHMSI, and law enforcement contacts. Remember a strategy here also can be illustrated when I contacted the Pima County Attorney. He said he could not prosecute cases for the public, but either way, AHMSI is on their official records. What I mean is, even reporting them to the police, may get no action, but it will get information out there regardless, and it is hard to foresee where that will lead. When I spoke to an assistant to the Texas Attorney General, I asked him how they caught on to AHMSI? Complaints? And he said yes. Numerous documented complaints prior to State of Texas investigators confirming them. I state this, that it is no light matter that the State of Texas is undertaking, they do have damning evidence, and it WILL grow daily. So, please keep on them, and keep publicizing the news of this lawsuit , and AHMSI’s “alleged” criminal activities of theft, lies and deception, not to mention the effect that had on people, some of which are no longer with us. You catch my drift, these guys are also blood-guilty accomplices to murder, IMO.

    BTW, any and all consumer action agencies, such as the BBB, are also good information outlets. Another strategy is to complain about the banks which administered debt collection through AHMSI, to the Bank, Currency, Credit and Thrift regulators. The Attorney General in your state can also provide you with information for further pursuing legal actions against AHMSI and others privately.

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