QUALIFIED WRITTEN REQUEST AFFIDAVIT (PRIVATE)

1 To: Loan Servicer Bank ___________________________ Address ____________________ ___________________________ Original Lender / Foreclosing Trustee ___________________________ Address____________________ ___________________________

2 Re: Alleged Loan / REFERENCE number: Alleged Borrower Name(s): Property Address: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 This demand is a "Qualified Written Request" pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e) in a pre-suit attempt to mitigate the situation and avoid legal action and litigation in this matter. Under Section 6 of RESPA you are also required to acknowledge this request within 20 business days and must provide the information demanded within 60 business days to avoid assessment of damages. The purpose of this demand affidavit is to inquire about the inaccurate 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. This request is also pursuant to Uniform Co mmercial Code 9-210, Request for accounting; request regarding list of collateral or statement of account. The Onus Probandi of Proof of Claim is upon the respondent who may be seeking affirmative relief in the form of actions including but not limited to foreclosure and collection of debt. The Truth In Lending Act (specifically 15 U.S.C. 1641(f)(2) states (in pertinent part): Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation. The servicing lenders response is also required to provide the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower [12 U.S.C. 2605(e)(2)]. This correspondence is a formal written request for you to provide such. To date, the documents and information I have, along with what you have sent me, and the conversations with your service representatives have failed to answer my questions. To independently valid ate my debt, I nee d to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date. Upon receipt of this letter, please refrain f rom reporting any alleged negative credit information to any credit reporting agency, or any further collection activity until you provide evidence in response to each of my requests and provide time for me to respond. Do not rely on records, assurances or indemnity agreements of previous or current servicers or originators. Instead you must conduct a full audit and investigation of the subject account. ALL RESPONSES MUST BE SIGNED BY AN AUTHORIZED CORPORATE REPRESENTATIVE, UNDER OATH, HAVING PERSONAL KNOWLEDGE, RECALL/RECOLLECTION, SWORN COMPETENT TO TESTIFY, WITH ABILITY TO COMMUNICATE RELEVANT INFORMATION, IN THEIR UNLIMITED COMMERCIAL LIABILITY AS TO THE AUTHENTICITY AND ACCURACY OF THE CONTENTS.

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QUALIFIED WRITTEN REQUEST AFFIDAVIT (PRIVATE)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Under the authority provided by statute you are hereby demanded to provide: (1) A summary of the loan history including all payments made, all fees incurred, balance of suspense accounts, proceeds paid out of escrow account(s), and the identification of all parties who have received beneficial interest payments in the loan referenced. This information should cover the entire life of the loan. (2) Co pies of all document s in your possession pertaining to the origination of the alleg ed mort gage and note in your possession including: my (a) loan application(s), (b) Right to cancel, (c) Deed of Trust/Mortgage, (d) Certified copy of Original Promissory Note Instrument (Front and Back including allonges with all Endorsements and attachments),(recently dated certified copy, vs. copy certified at signing/closing), (e) addendums to note, (f) Truth in Lending statement, (g) Good Faith Estimate (GFE), (h)HUD 1, (i) Appraisal, and (j) all other state or federally 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 including all pages. PLEASE ALSO PROVIDE A VERIFIED PAYOFF STATEMENT VALID FOR 60 DAYS. Failure to provide copies of all of the following in your possession constitutes admission of their nonexistence providing for collateral estoppel for introduction as evidence at a later date during discovery: a. b. c. d. e. f. g. h. i. j. k. A certified copy of the Master Pooling Service Agreement that names the servicer and the seller of the structured finance transaction. Also indicate the sales price if not detailed. Pursuant to 17 CFR 240.12g5-1 provide documents indicating the name of the real record holders and/or the names of each person who is identified as the owner of such securities on records of security holders maintained by or on behalf of the issuer. Documents confirming whether the Original Note was or was not in fact sold to a Special Purpose Entity (SPE) and registered as a security. Documents confirming the Indentured Trustee over the Mortgage backed security is not in conflict of interest as codified in the Trust Indenture Act of 1939. Documents confirming no willful and reckless acts in violation of the National Bank Act, which would put me in the zone of interest, have been committed by bank or any of its agents or successors in interest with regard to this loan. Documents confirming the note was not sold to the (SPE) since they were not registered at the time of sale but consolidated on the weekly FR2900 form of this institution as all time deposits on line F1. Documents confirming respondent did maintain the proper reserves in its master account during its computation period since the notes could not be sold. The Call Reports and RC-S schedules reflecting they were filed accurately since the notes could not have been sold. Documents confirming the notes were not sold illegally and do not constitute a true sale. Documents confirming entitlement to recoupment by virtue of the fact that on the FR2046 form the accounts payable and accounts receivable are the same amounts which means (What is owed by the Debtor to the Lender) is the same amount that is (Owed by the Lender to the Debtor). A certified copy of the Registration Statement(s) as that term is defined under 15 USC 77b(a)(8), i.e.; Form 8-A(short form) and Form 10 (long form) Registration Statements under the 1934 Act, Form S-1 and S-3 Registration Statement under the 1993 Act; If no registration statement pursuant to the 1933 Act is available or otherwise required, please provide a comprehensive description that meets the General Statement of Regulation S and satisfies the conditions applied to the Safe Harbor rule.
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QUALIFIED WRITTEN REQUEST AFFIDAVIT (PRIVATE)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 l. Documents confirming compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) Pub. L. 97-248, 96 Stat. 324, where a bearer debt security generally must be issued under arrangements reasonably designed to ensure that such obligation will be sold only to a person who is not a United States person and must satisfy certain other conditions identified in the Tax Code 163(f)(2)(B), and as such please provide: (1)The Identity of all parties with ownership interest who have met the criteria as adopted by Treasury Regulation 1.163-5(c)(i)(D) TEFRA D and 1.163-5(c)(i)(C) TEFRA C (2)Certified copies of all statements on a U.S. Form W-8 or substitute thereto certifying the owners non- US status where the obligation issued is registered from and is not subject to the TEFRA rules and considered portfolio interest. (3)Completed IRS FORM W-9 which identifies the name and address of all recipients of interest and original issue discount that meets the provisions of a U.S. obligor making payments to a foreign person under the Tax Code 871(a)(1), 881(a), 1441(a), 1442(a) and 6049. Documents confirming whether the pooling securities issued are required to register under the statutory or statistical definition of the 1940 Act i.e. pursuant to 17 CFR 2703a-7 and if exempt, describe the characteristics that define the exception and avoids all requirements; A Bonafide complete and detailed explanation in affidavit form by authorized officer of respondent of exactly how Allegedly Recipients obtained alleged Right to enforce the Promissory Note Instrument, signed under penalty of perjury. Affidavit further detailing the known existence or lack of insurance, third party guarantees, credit enhancements, credit default swaps, reserves, cross collateralization/over collateralization, assumptions, satisfactions, bailouts, subrogated rights, and/or other derivatives and policies relevant to the life of the subject transaction. Documents affirming bonafide establishment of the above and: chain of securitization documents, true party in interest/standing, allocation/application of third party payments, chain of ownership to note/security instruments, current status of loan, and current balance due.

m. n. o.

p.

REQUEST FOR ADMISSIONS: (3) Respondent agrees they do NOT currently OWN the referenced note obligation as a True Holder in Due Course, or holder, nor does Respondent have any real, beneficial, or other interest in the Negotiable instrument. (If incorrect state affirmatively by providing the correct spelling of said Holder in Due Course and its address for correspondence.) (4) Respondent agrees they are merely a Servicer, or Debt Collector with no rights of a Holder, or Holder in Due Course. (5) Respondent agrees Maker/Issuer deposited a Promissory Note Negotiable Instrument with Originating Lender. (6) Respondent agrees and accepts as truth Modern Money Mechanics published in 1992 by the FEDERAL RESERVE BANK OF CHICAGO, that states in pertinent part: Any deposit received is new money, regardless of its ultimate source. (page 8) Of course, they [banks] do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do is to accept promissory notes in exchange for credits to the borrowers transaction accounts. (page 6) These receipts, which became known as notes, were acceptable as money since whoever held them could go to the banker and exchange them for metallic money. Checkable liabilities of banks are money. These liabilities are customers accounts (page 3)

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QUALIFIED WRITTEN REQUEST AFFIDAVIT (PRIVATE)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (7) Respondent agrees that in order to have balanced books in accounting, for every asset, there must be a corresponding liability entered, via deposit account opened in the Maker/Issuer name that was not disclosed by making false presumptions authorized by UCC 1-201.31 that the Maker/Issuer would subordinate his paramount claim of ownership as Maker/Issuer, would abandon the note and deposit, has no intention of using deposit to pay off loan. (8) Respondent agrees that Maker/Issuer of the Negotiable Instrument was never given a receipt for the deposit of such, nor was disclosure made about the true nature of this transaction as an exchange, and not a loan. (9) Respondent admits there could be errors in its accounting over the life of the loan including excess unauthorized charges. (10) Respondent hereby waives all claims against the Negotiable Instrument, and agrees that Maker/Issuer is authorized to maintain private administrative action pursuant to the administrative procedures act, to claim the rightful value of the deposit of the negotiable instrument, having never been provided a receipt for the credit on Deposit Account with originator that may have been previously presumed to be abandoned by the depositor/issuer to the originating institution. T he above Demand is a Qualified Written Request under the Real E state 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 [T ILA] 15 U.S.C. 1601, et seq. RESPA provides substantial penalties and fees for non-compliance or failure to answer ALL requests / demands provided in this letter within sixty (60) days of its receipt. As such, provide to the address above, copies of the documents requested above as soon as possible. Provide the documents requested and a detailed answer to each of my questions within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to a further document request or correspondence with answers to questions under an additional Qualified Written Request or use of a Subpoena. Failure to satisfactorily and timely respond and rebut this document point for point will result in the express stipulation and agreement that the above admissions are admitted as fact, and Respondent has no further interest in the collateral private property, and further agrees to the terms of a re-conveyance of the Deed of Trust. Awaiting your timely response in good faith. The Undersigned does hereby certify under full commercial liability the foregoing is sworn to be presented as true and correct to my knowledge. All replies to address below. X HOMEOWNER 1 SIGNATURE PRINTED NAME MAILING ADDRESS: 38 X HOMEOWNER 2 SIGNATURE PRINTED NAME

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