Second Letter to Lender Request for Admissions
If you are facing a foreclosure sale or mortgage issue and you have already sent your lender or loan servicer a Request for Admissions, this 2nd letter to the lender Request for Admissions may help you in your effort to save your house from foreclosure. Keep in mind that all of the informal discovery (administrative documents or letters) that you send to your lender or loan servicer are only laying the ground work for your lawsuit. The only thing that we have found that gets the banks attention and helps homeowners gain real remedy is filing a lawsuit. If you are interested in suing your lender or loan servicer FRAUD STOPPERS PMA can help you save time and money, and increase your odds of success, with our court ready (turnkey) litigation support products and services. For more information on how FRAUD STOPPERS can help you save your house from foreclosure, or sue for mortgage fraud and foreclosure fraud, simply register for a FREE Mortgage Fraud Analysis and Bloomberg Securitization Search using the form at the bottom of this page.
c/o John Doe
123 Happy ST
Chicago, IL 60622
April 22, 2013
Banksters of America
Customer Service Department,
666 Bad Bankers Street
Death Valley, CA 6661313
Reference: Property Address: 123 Happy ST, Chicago, IL 60622
Request for Admissions
Dear Banksters of America
I refer to your care package dated on April 1st, 2012. You did not answer my requests point by point as required by law. I had requested that you provided proof of claim. A copy of the security instrument is not a sufficient proof of claim as per U.C.C. – ARTICLE 3 -§3-501 (b) 2 (1). Under this code, I am entitled to have the instrument presented to me as you are required to upkeep the legal document entrusted to you.
Under USC Title 18 Chapter 25, you are engaging in counterfeiting and such behavior is a felony. Providing a photocopy of a security instrument is not only unconscionable but is illegal. I had asked for the visual inspection of the original promissory note, not a copy. You did not provide any proof to sufficiently satisfying your claim under U.C.C. – ARTICLE 3 -§3-302 that you are a note holder in due course. You did not stipulate whether or not you were the holder in due course. You did not stipulate whether this loan was securitized as required by law.
Therefore, you admit to the following:
1) You admit that you are a servicer of the promissory note.
2) You admit that the loan has been securitized.
3) You admit that you are not a real party of interest in this controversy.
4) You admit that you are a debt collector and not the original creditor.
Under the Federal Rules of Civil Procedure Rule 36, you are advised to notify me within 30 days should you wish to contest any of the above allegations with specific proof. Failure to do so is to admit that all allegations are true.
These admissions will be used as evidence against you in any future controversy involving this matter.
Unlock the power you need to stop your foreclosure dead in its tracks and make the banks pay you to go away! Take action right now and register to receive a FREE Mortgage Fraud Analysis, FREE Bloomberg Securitization Search, and Confidential Foreclosure Consultation, a free report, and a 1.5 hour educational webinar that reveals important insider information mortgage lenders and banking institutes do not want you to discover about how to sue them for a financial compensation, clear & free title to your home, or even better!
If your loan qualifies for litigation you can become a Member of our Private Members Association (PMA) and begin laying the groundwork for your breach of contract and slander of title lawsuit using our powerful, proven, Administrative Process for only $97 today. This Administrative Process is a pre-litigation, informal discovery process that includes a set of Error Resolution & Information Request Letters (EIRI’s) and a rescission letter, rescinding your loan under TILA, the Truth in Lending Act.
As soon as the Administrative Process is done and you’re ready to file your lawsuit, the Investigations Department will produce your court ready Chain of Title Investigation, along with the signed affidavit from the licensed, bonded, Private Investigator who is a court recognized expert in chain of title and securitization issues.
Your court ready Chain of Title Investigation and Affidavit is only $750. This is the evidence you need to support and win your case. Average turnaround time for this work product is 10 to 14 days.
Once your Chain of Title Investigation is complete, the Legal Department can produce your complaint, along with all the exhibits to your complaint for only $750. This is a savings of approximately 80% compared to the $5,000 retainers most attorneys charge!
In addition to your complaint and the evidence package we have put together an alternative to the existing programs intended to help homeowners facing foreclosure of their residence. We are dedicated to helping homeowners who have, often through no fault of their own, found themselves subject to a mortgage that they either cannot afford or that is so far underwater that it is not in their financial best interest to continue making payments.
Many of the programs that had modest success in the early days have fallen into disfavor as banks have enacted strategies to counter their progress. The banks are not going to go down without a serious fight. They have a large arsenal of tools to use, and the legal muscle to keep the industry off balance. This is not a static game.
The reason that banks have been successful, for the most part, in protecting the large number of mortgages that were securitized is that there is an intricate web of legal theories that they hide behind to justify what they have done. In effect, they have created a shell game where the ball seems to move around in defiance of the laws of physics.
The banks are relying on a complex interaction between UCC 3 commercial paper law, UCC 9 securitization law, bailment law, agency law and local laws of the jurisdiction where the property is located. They would have us believe that what they have been doing since the 1970’s is perfectly legitimate. Many lawyers who have challenged the banks have gotten close to exposing the scheme only to find that judges retreat away from the complexity of the legal theories involved and fall back on procedural barriers under the auspices of protecting the equitable interests of the banks and their agents.
Our Stand and Fight program has moved the bar forward in many substantial ways:
- Our Private Administrative process is a targeted approach to Informal Discovery:
- 3-501. PRESENTMENT or States equivalent
- Mortgage Error Resolution/Request for Information: If you believe there is an error on your mortgage loan statement or you’d like to request information related to your mortgage loan servicing, you must exercise certain rights under Federal law related to resolving errors and requesting information about your mortgage loan. If you think your credit report, bill or your mortgage loan account contains an error, or if you need more information about your mortgage loan, you send a written letter concerning your error and/or request.
Subsection of Presentment (example Covenant 8 of UCC3 Note) shows NOTE and under paragraph 1 states: “BORROWER’S PROMISE TO PAY: In return for a loan that I have received, I promise to pay….
MULTI STATE FIXED RATE NOTE–Single Family–Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 1 of 3 pages) Covenant:
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
- 15 U.S. Code § 1692g – Validation of debts
Often a debt collector cannot validate a debt and therefore cannot legally enforce collections.
- Truth In Lending Act (TILA RESCISSION) codified in 12 CFR Part 226 (Regulation Z); particularly§ 226.34 Prohibited acts and §226.32 sub-paragraph (ii) et seq. predatory lending practices
A mortgage loan covered by the Truth in Lending Act may be rescinded by mailing a Rescission Letter to the purported lender, forcing the purported lender/creditor to oppose that rescission with a lawsuit within 20 days or lose all opposition rights.
- The primary focus of the legal aspect of our program revolves around taking the theories and best practices that have been most successful around the country and make refinements.
“Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.
- Our program seeks to avoid getting mired in the complexity of the various areas of law involved, instead focusing on a simple, focused approach that makes it harder for judges to avoid the strength of our core arguments.
- The PMA trustees and executive team have a diverse set of skills and significant experience in the core areas that will improve the success factors for our operations.
We have spent an exhaustive amount of time analyzing all of the cases that have been successful in resolving mortgage securitization problems. We have designed our legal information litigation strategy to hit the banks hard and fast where they are most vulnerable.
Our primary focus is on getting clear and marketable title to the property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable.
Instead of fighting the foreclosure itself head-on, we argue that none of the banks or their agents has the right to enforce the foreclosure provisions of the Mortgage/Deed of Trust. In effect, if none of the banks have standing to enforce the foreclosure provision, we are entitled AS A MATTER OF LAW to a declaratory judgment of Breach of Contract (Security Agreement) that is res judicata, i.e., a permanent ban on foreclosure.