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MORTGAGE DEBT VALIDATION LETTER

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1MORTGAGE DEBT VALIDATION LETTER Empty MORTGAGE DEBT VALIDATION LETTER Sun Jun 14, 2015 8:29 am

topspin2



I have sent this in on a couple of forclosure cases. I have never had a response the firms withdrew from the case...They were just replaced with another but if you can hold them off you can stay longer in your homes.. They are liars cheats and thieves. TREAT THEM AS SUCH.....



Date: July 10, 2012 Certified Letter#  




NOTICE AND DEMAND TO VALIDATE DEBT/LIEN CLAIM






By:
Southington, Connecticut State [06489]  
(without the “United States”)
To: BENDETT & McHUGH, P.C.
ATTORNEYS AT LAW
160 Farmington Avenue
Farmington, CT 06032
Telephone: 860-677-2868
Facsimile: 860-773-6328



REF: Your correspondence dated July 3, 2012 purporting to allege a debt claimed you;
Wachovia Mortgage, a Division of Wells Fargo Bank, N.A.
Your Alleged File:_____?_________
Alleged Account #: ______?________
Alleged Balance $  
This is an offer to fully pay/discharge the attached claim of debt on the condition that the claiming parties comply with this notice within 30 days of receipt of this correspondence.


NOTICE OF CLAIM DISPUTE
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
APPLICABLE TO ALL SUCCESSORS AND ASSIGNS






*******SILENCE IS ACQUIESCENCE*******
_____________________________________________________________________




NOTICE AND DEMAND TO CEASE AND DESIST ALL COLLECTION/REPORTING ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT




OATH OF OFFICE


BENDETT & McHUGH, ATTORNEYS AT LAW, “I accept your oath(s) as the occupant(s) of the office you hold”.


Provide and produce the Bar Card numbers of all attorneys associated with the above mentioned claim of debt.


Pursuant to the truth in lending laws of the United States Code, Title 15 § 1601 et. seq. and the Fair Debt Collection Practices Act laws of the United States Code § 1692 et. seq.
This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.
This notice is my, required by law, demand to “cease and desist” collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following:

  1. You must produce all original receipts, not statements or copies thereof



















[list=10]
[*]
The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 § 1601 et. seq. and Regulation Z.
[/list]


[list=11]
[*]
The actual records of the organization or other governmental unit showing that any and all document/instrument(s) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.
[/list]


[list=12]
[*]
The person that prepares and swears to the validation of debt must describe: 1) your job description on a daily basis; 2) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents; 3) how long have you been in your position; 4) when did you first come in contact with the alleged account/debt; 5) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt; 6) are you the person/employee who regularly works with the alleged account/debt; and 7) do you have personal knowledge about the alleged debt and/or any alleged account.
[/list]


15 U.S.C. § 1692 (e) states that a “false, deceptive, and misleading representation, in connection with the collection of any debt,” includes the false representation of the character or legal status of any debt and further makes a threat to take any action that cannot legally be taken a deceptive practice.
Pursuant to 15 U.S.C. § 1692 (g) (4) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.
This is a constructive notice that, absent the validation of your claim within 30 days, you must “cease and desist” any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to $1,000 for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.
Further, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (g) (8), as you are merely an “agency” or other governmental unit of the United States, acting on someone else’s behalf, this is a demand that you provide the name of the original “principal”, or “holder in due course”, for whom you are attempting to collect this alleged debt.
Please take notice that this is a criminal investigation of the business practices of the above named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 § 2071 and 2073 (falsifying records) and further; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 § 471, 472, 473 and/or 513, and further: using corrupt business practices to make and possess false records and claim of obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization (RICO), U.S.C. Title 18 § 1961 et. seq. and further: using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. § 1341 – Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. § 1842 – Fictitious Names.

TAKE NOTICE





Debt Collector’s failure in providing Respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that:

  1. Debt Collector has no lawful, bonafide, verified claim, re the above-referenced alleged account:
  2. Debt Collector waives any and all claims against Respondent and
  3. Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any and all continued collection attempts, re the above-referenced alleged account.
  4. Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice is a self executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any and all references to said account in any and all credit reporting agency files of any type.



This response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure is achieved, there can be no case, collection or action. “No civil or criminal cause of action can arise lest, out of fraud, there be a valid, honest contract.” See Eads v. Marks 249 P. 2d 257, 260.
Additionally, failure to prove the alleged debt prior to filing suit as threatened in your writing will give rise to sanctions for failure to validate and certify a debt obligation in accordance with the aforementioned requirements and being proximate cause of all continuing and resultant harms and injuries to alleged Debtor/Executrix for not terminating said claim by and through your client including but not limited to charges for perpetrating a fraud upon the court in a frivolous and vexatious filing.
Finally, any alleged lien(s) against the subject property are lacking valid placement for many of the same but not limited to the aforementioned challenges, with similar liabilities to the filing parties for lack of standing. Your client is to be instructed by you to remove any liens as they are in violation of the bankruptcy discharge and send me a copy. If there was never a debt with the filing party there can be no lien (debt) or other obligation.






Done this ______ Day of ______________ 2012


I affirm under penalties of perjury in accordance with the laws of the United States of America (without the “United States”) Title 28 U.S.C. § 1746(1) the forgoing is true and correct and is admitted when not rebutted, so help me.


I preserve and reserve all my inalienable Rights that are inherent from my Creator at all times.
I waive no Rights at anytime.






By: : [ ]- proceeding Sui Jurion the land – Hartford county
without prejudice’












Copy to: USBankruptcy court, Hartford Connecticut






On the _______ day, ___________________, 20_______, _____________________________, did personally Stand before me, and is known to be the living flesh and blood woman inscribed herein, Standing before me on Hartford county, Connecticut. The purpose for the notary public is to witness the existence and Standing for the living man/woman and does not convey jurisdiction to a foreign principal or alter Status or Standing.

_____________________________________
Official Signature and Seal for Notary Public

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