This may be posted elsewhere, but not that I have found.

In preparing my own request I found two sites that referenced MERS Milestone and MIN reports when making requests related to 15 USC sec. 1641(f)(2). I intend to include that information in my request.

Several links:
http://thepatriotswar.com/index.php/mers....

http://www.dailypaul.com/node/146238

Here's the letter I am getting notarized and sending registered mail to BAC Home Loan servicing...


Qualified Written Request under the Mortgage Servicing Act of RESPA and Request for Information Related to the Owner and Holder of Note under the Truth in Lending Act
In the Matter of:
JOHN Q. TAXPAYER
Main Street
City, State 00001
SSN: xxx-xx-xxxx
File Date: October 13, 2010
Our File No: BACQRW-20101013-A
Your Account No: xxxxxxxxxx
Dear Sir or Madam:
Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e). This request is made on behalf of my Clients, the above-named debtors. Specifically, I am requesting the following information:
1. A complete and original life of loan transaction history prepared by the Servicer from its own records using its own system and default servicing personnel.
2. A copy of your Key Loan Transaction history, bankruptcy work form, or XLS spreadsheet of all accounts associated with this mortgage loan (this would include both recoverable and non-recoverable and restricted and non-restricted accounts).
3. The Transaction Codes.
4. The Code definitions in plain English.
5. Please attach a copy of the MERS Milestone Reports and MIN Reports.
6. Please identify the full name, address and telephone number of the current holder of the original mortgage note including the name, address and phone number of any Trustee under the Trust or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act, which requires the servicer to identify the holder of the debt.
7. Copies of all collection notes, collection records, communication files or any other form of recorded data with respect to any communications between you and the debtor.
8. Copies of all written or recorded communications between you and any non-lawyer third parties regarding this mortgage (including but not limited to LPS Desktop communiqués, NewTrak communications, NewInvoice transmittals, Newlmage transmittals, electronic communications by email or otherwise, collection notes, and any other form of written or electronic document related to the servicing of or ownership of this loan).
9. All P-309 screen shots of the history all of the accounts (principal, interest, escrow, late charges, legal fees, property inspection fees, broker price opinion fees, statutory expense fees, miscellaneous fees, corporate advance fees, etc.) associated with this loan.
10. In accordance with Section 131(f) of the Truth-in-Lending Act, 15 U.S.C. Section 1641(f), please provide me with the full legal name, street and mailing address, and telephone number of the true owner and holder of the promissory Note signed by my clients and secured by the deed of trust in my clients' mortgage loan referenced above.

To the extent that the servicer of this mortgage loan charges the debtor’s mortgage loan account any fees as resulting from the servicer’s response to this letter that were not disclosed to the debtor(s) and approved by debtor in writing, the debtor(s) dispute(s) any such fees and costs and specifically requests that the account be corrected.
Sincerely,

Where is says 'John Q. Taxpayer', use your ALL CAPS name as shown on your mortgage docs.

Sign the letter in your full, non-all caps name, something like this:

John Quincy, Taxpayer

What is the significance of the all-caps?

Good catch. All-caps is your legal entity name. On the purchase contract it will likely be upper/lower. On the loan document the bank/lender/originator likely addressed you as all-caps, so use whatever they call you on the Note and Deed of trust.

Quote:

What is the significance of the all-caps?

Didn't want to hijack the thread so I started a new one in fedup.

http://tickerforum.org/cgi-ticker/akcs-w....

Rock-n-roll people.

I think I'm making this a permalink on the FedUp main site. I've been deluged with phone calls from people who want to do this....but feel repulsed by the SEIU site.

Let us help the banks collapse, huh?

Ok, in plain J6P english, what does sending this letter attempt to achieve (i.e. 'causes banks to have to consume large amounts of resources/time/$ responding to these requests which hastens their demise'? 'scare the banks into thinking their hair is on fire'? 'determine that you no longer have to pay your mortgage because you, the homeowner, have no reasonable certainty that the person you are sending the check to is the mortgage holder/right person'?) and what are the conditions one must meet for this course of action to be viable (i.e. 'check the MERS website and if u and ur house are listed there fire away' or 'anyone who purchased a home between 1900 and 2008 should send this letter' etc...?) Thanks for any help on this one.

I liken in to getting your credit report. Something that could negatively impact you in the future (clouded title due to failure to convey the note properly) is hidden inside an opaque system. I would merely want a report to see if I need to take proactive action to get it fixed.

Eventually I want to hold title to my property in my hand and be sure that it is undisputed. In fact, I think that having such a clean title may greatly increase the value of the property in the future, if the rest of them are all in doubt due to bank paper-processing shenanigans.

I'm sending a lot of money to the my servicer (BofA) every month; and I've never missed a payment. I'm not trying to game the system or get a 'free house'. I merely want to make sure the money I am sending in is going to the party the has a legitimate claim for it. There is so much talk of fraud and outright racketeering that I have lost faith in the system and take nothing for granted.

Further, one day, I may want to sell. I don't want to get any surprises with the title.

I plan to do this every year. I want to make sure that escrow payments are going to the right place and as well as looking for any irregularities.

If I find evidence of fraud, then will be talking with an RE attorney, in addition calling the FBI, state AG, filing complaints with HUD/SEC/Treasury Dept, etc. Whatever it takes.

Me too Snow - I have never missed a mortgage payment to BAC, who is my servicer on my primary mortgage. Since my loan originated with CFC and then ended up at BAC, I'm pretty sure they do not have the note, nor did they transfer it properly - as my property shows up in the MERS system.

Brett,

Here is a response which I hope makes things clear.

My original loan was in the Summer of '07. We actually got a reasonable price on the home, but I did not understand what I know today.

The company that originated the loan (originator) filed for chapter 11 within 60 days of my closing. In that 60 days they were able to dump a bunch of their mortgages, and Company B acquired my payments.

Company B went through its travails and was absorbed into company C. Now my payments went to company C.

I started following the Ticker very late last year. This year, I understood the situation, and decided to prepare my home for sale. In the face of life, I did that as quickly as I could, but not fast enough. (For the record, I am 100% current on my home payments, and am employed)

Then I realized I was stuck. I wanted to sell my home to reduce, but I now question if I would be able to sell at all if I had a clouded title. Without a clear title, no title insurance at closing, therefore, no closing. I submit here that the essential problem with these foreclosures exists with x-illion other people; it just hasn't come up because of a wrong assumption that everything is ok on a home is not in foreclosure. As others have said more clearly, the foreclosures are just revealing the underlying problem. That assumption is not as common at the moment because the foreclosures are what is coming up on the tv now.

So, I started looking at what I could do to make sure that I could actually close.

One, county land records. The property information still shows the originator and MERS on the property. Nothing else has been added since I closed on the property. Check.

Two. The originator of my loan has been liquidated. However, I found the company that manages the remains and was able to ask for documenation from the originating records. The only thing that they had that I don't is a copy of a transfer letter. I specifically asked about getting a copy of the assignment, and here was the answer:

"They didn't do assigments. I don't know why, but they never did assignments. We do, but they never did." (the dear woman was clear, honest, and understood it was a not right). The transfer letter was the only thing to show that something happened.

That must mean that Company B, and therefore Company C have no assignment!?!

Three. Based upon numerous helpful posts on the ticker-forum, I have reason to believe that my original deed of trust and note have been destroyed.

Four. MERS. By going to this site: https://www.mers-servicerid.org/sis/sear.... I was able to determine that MERS thinks that Company C, is both the Servicer, and something they call the Investor. Check, kinda. I now understand that behind the scenes MERS can have lots of transactions recorded that I cannot see. This is why I am requesting the MERS information which may show that BofA is the servicer, but not actually the holder of the note. More information needed.

So here is what I have. A bankrupt originator. No assignment, no other documentation showing what happened to my note and deed of trust.

I have MERS which appears to be going down in flames. Based upon the work of other helpful people on the site, I do not expect that MERS will have standing towards properties. (which may be a wrong assumption).

I have Company C which claims that they hold my note and deed of trust. But I now wonder if an assignment exists. I wonder if the note and Deed of trust exist, and I wonder who actually owns my home.

Who owns my house? Where is the note? Where is the Deed of trust? Where are the assignments? I am stuck in a house that I am almost ready to sell, and I do not want to dispose of the asset (the house) and pay off company C, only to find out that behind door number 4 is a mystery Company who holds my note, deed of trust, valid assignments, and who will pursue me lawfully for a debt that was discharged to the wrong company. Or, I may simply not be able to sell at all as it drags out over months and months and my property finally drops negative

I will send a request to the people at Company C to produce the documentation for me. If they don't have it…. I have a problem.

If they do have the title, I am specifically going to advertise that I have established a clear title in marketing the house.

Hope that helps.

So if we're not going to sell our house anytime soon and we are fairly certain the house we are currently in has never been foreclosed upon, then we can rely on the "possession is 9/10ths of the law" rule and the "come and take it" defense if someone gets froggy right? I see why Jed would want the clear title as he is preparing to perform a sale but otherwise it's just 'dotted i and crossed t' thing right?

Some people I know show up in MERS twice - once for their original mortgage, and once for a refi (through a different lender). That'll take some work to straighten out - if ever...

If the chain of Assignments doesn't rationally extend from the Bank/Entity that Originated your Loan You probably need to get a reasonably informed Property Law Atty. ASAP.

This ****storm is only going to get more complicated.

If I didn't have a clear chain I'd want to be out in front of it with a competent Lawyer before .GOV decides to complicate matters or alter the established legal framework...

I found a great letter to request a copy of the original mortgage note from your mortgage servicer posted at Angry Bear website:

http://www.angrybearblog.com/2010/10/req....

The banks should be flooded with this letter from every person who pays a mortgage. I hope I haven't broken any rules by posting this website and letter. Everybody....copy/paste and send.


To whom it may concern:
Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e). I own the property at the address listed above, and your bank services my mortgage.

Over the last several weeks there have been many stories documenting the problem that banks are foreclosing on homes without proof that they own the loan. I have learned that in many cases, banks like yours do not even know who owns the loans you service. Employees at several leading banks have admitted to rubber stamping tens of thousands of foreclosures every month, without even checking to make sure that the bank had a legal right to proceed with foreclosure. In some cases, banks allegedly falsified mortgage documents to cover up their mistakes. There have been reports of two banks trying to foreclose on the same home, banks foreclosing on homeowners who were current on their payments, and even of a bank foreclosing on a home where the homeowner had never taken out a mortgage to begin with. This is not merely a "technical problem"--it is the difference between having a warm bed at night and being out on the street.

...
To protect myself and my family, I need to know who owns my mortgage. Within sixty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage. Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan. If you fail to produce a mortgage note proving that you have a right to collect my mortgage payments, I will be forced to consider all options available to me to ensure that my family and my home are protected.

I ask that I receive my response in writing. I understand that under Section 6 of RESPA you are legally required to acknowledge my request within twenty business days and must try to resolve the issue within sixty days.

Thank you for your attention to this matter.

broken link

Using Snowmizuh's letter but replaced the word "debtor" due to our concerns after reading this post:

http://tickerforum.org/akcs-www?singlepo....

The Servicer has responded.

Having received my certified request, the servicer on my mortgage responded within five business days.
1. They included copies of documents that I already had, including copies of the note, deed of trust and loan application (all of which still reference only the originator).

2. They informed me that the loan transaction history statement would be mailed separately.

3. They informed me that the remainder of my requests would be addressed under separate cover, pursuant to Real Estate Settlement and Procedures Act guidelines.

4. They also informed me that Payment assistance was available!!!

So to their credit, they responded, with some of the things that were asked for. This does not answer the question about who actually holds the original note and deed of trust, nor who actually 'owns' the debt. But I thought the listening audience may benefit from knowing this. With care, I will post appropriate information at appropriate times.

Regards,

Thank you Jed. If the people who have or intend to send these letters shared the responses (if any), I think it might help others.

Jed,

My packet from Bank of America came today as well. It contains the following:

1. A cover letter saying thank you for contacting us, etc. It also says "The remainder of your requests will be addressed under separate cover, pursuant to Real Estate Settlement and Procedures Act guidelines."
2. Copy of original uniform loan application.
3. Copy of original Good Faith Estimate, addendum to Good Faith Estimate, etc.
4. Copies of Notice of Right to Cancel, Truth-in-Lending Disclosure, Settlement Statement, Payoff Statement, and HUD-1 Settlement Statement.
5. A copy of my 'INTEREST ONLY FIXED RATE NOTE'. It looks the same as my post here:

http://market-ticker.org/akcs-www?single....

The note has only my signature on it. No other stamps, notarizations, writings, etc.

6. A copy of my Mortgage. The mortgage is signed by me and my wife and initialed by us on each page (I don't understand why only I signed the note but we both signed the mortgage). The mortgage has a stamp and bar code from my County (Jefferson Co, Alabama) and says 'I certify this instrument was file on: [date time] Judge of Probate- Alan L. King'. Also, it is signed by notary and has his seal on last page (this is a copy).

7. A copy of an arbitration rider, signed by me and my wife. Also has the stamp and bar code from the County probate similar to one in #6.

None of the other stuff I requested is in the packet; guess we'll see if the send those things as the claim in cover letter.

A little background: I signed this mortgage in 2007 with a local mortgage broker. They immediately sold it to Countrywide. (In fact, I believe I sent the first payment to Countrywide). Countrywide got bought by BAC and obviously BAC is now servicer. I was successful in getting a modification via HAMP earlier this year.

I plan on going to the county courthouse this week to see on the filings they have there.

Given the background, what should I expect to see on the note in terms of conveyances?

Free, I am by no means an expert on UCC, Common Law, Freeman movement, etc., but I believe the DEBTOR in the mortage is the strawman (your all-caps name). You (the living flesh and blood human being, imago dei) would are the administrator of your strawman, if you were to appear in court. Of course, all I know about this is that youtube video 'Judge bows' that went viral a few weeks back, so take this with a grain of salt.

Jed, others- if you are really serious abt persuing that line of thought (forcing the real party) to be proven >>

File with the Court your demand, and ask the Court to take your payments until they are satisfied as to your answers. If not maybe you'll get your $$$ and your Deed ...

Snowmizuh

I have a near carbon copy of your case. Bought in 2007; Originator sold to Countrywide; folded into BAC.

An assignment might look like this:

http://mylandrecords.appspot.com/pdf/ma0....


The copies do not count as wet ink signatures. They are copies. Your state may have electronic documentation laws which would cause acceptance of copies of properly executed and complete originals. However, in my case, the originator appears to have had a policy of not generating assignments. So, I don't expect to find an assignment. That originator is called First Magnus. Each person needs to verify this in their own case.

By the way, I spoke with a representative at my actual local bank (locally, privately owned in Texas), and a realtor who has credibility with people I trust. In both cases they directed me to inquire at a Title company as well as other sources. I will pursue that in the next few days as I have time.

The note signatures vs. the deed signatures may have to do with the following. The loan may have been based solely on your income and credit, but both names would appear on the deed because it is a shared asset. (Granted, your wife is still going to be on the hook for the loan if you were to pass away.) If you have two incomes and both were used as the basis for the loan, disregard my guesswork. We can let someone who actually knows contribute on that point.

More later.

Regards,

@Jedediah, thanks, man! That is great information--especially the link and the tip on the title company. I'll keep posting to this thread as I get new information. Maybe working together, we can unravel some of this.