fcca form tina litton

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Page 1: FCCA FORM TINA  LITTON

ATTENTION: LITTON LOAN SERVICING LP, PARTIES IN INTEREST, ASSIGNS, SUCCESSORS, ATTORNEY, AGENTS, MCCALLA RAYMER, LLC & et. al.

TO:

OWEN LOAN SERVICING, LLC AATTEN CUSTOMER SERVICE DEPT P. O. BOX 24738WEST PALM BEACH, FL 33416

HFC / HSBC GROUPPO BOX 5340CAROL STREAM, IL 60197

HFC MORTGAGE 961 WEIGEL DRIVE ELMHURST, ILL 60126

LITTON LOAN SERVICING, LPMCCALLA RAYMER, LLC Attn: Attorney/Managing Agent1544 Old Alabama RoadRoswell, Georgia 30076

WILDE & ASSOCIATES Attorney For: Greggory L. Wilde, Esq. HSBC BANK USA, National Association asNevada Bar Number; 004417 Trustee for the benefit of People’s Financial208 South Jones Blvd Realty Mortgage Securities Trust, series Las Vegas, NV 89107 2006-1, by Litton Loan Servicing, LP asTel: 702 258-8200 attorney in fact 09-78104; DOES 1-100 and Fax: 702 258-8787 ROES A-Z, INCLUSIVE.

MARK S. BOSCO, ESQ.Arizona bar Number: 010167TIFFANY & BOSCO P.A.2525 EAST CAMELBACK ROAD, SUITE 300PHOENIX, ARIZONA 85016Tel; 602 255-6000

Law Offices McCalla Raymer, LLC LITTON LOAN SERVICING LPBankruptcy Department Servicer Loan #: 41202466

Page 2: FCCA FORM TINA  LITTON

1544 Old Alabama Road Your File #: 09-30780Roswell, Georgia 30076-2102 Real Property:Tel: (866) 205-2417 8346 Bismark Sapphire StreetFax: (770) 783-6926 Las Vegas, Nevada 89139

People’s Financial Realty Mortgage People’s Choice Home Loan, Inc.A Wyoming Corporation 7515 Irvine Center Dr.Irvine, CA 92618

GE MONEY BANK C/O RECOVERY MANAGEMENT SYSTEMS CORP ATTN: MANAGING AGENT 25 SE 2nd AVENUE, SUITE 1120MIAMI, FL 33131- 1605

FROM:

TINA TODD 8346 BISMARK SAPPHIRE STREET LAS VEGAS, NEVADA 89139 Phone: __702 255-3182 _______________________________Fax: ____________________________________e-mail: [email protected]

DEMAND FOR MONEY PURSUANT THEFAIR DEBT COLLECTIONS PRACTICES ACTSECTION 809(B) – VALIDATING DEBT(S)

CLAIM: NOTICE TO CURE/NOTICE OF INTENT TO SUEAS PRESENTED BY AFFIDAVIT OF TINA TODD.

Dated: ________________, 2011 APN: 177-18-212-050

Account #: _343 64 2132 Loan #: 41202466

Re: Mortgage Validating of Mortgage Debt

Facts:

Page 3: FCCA FORM TINA  LITTON

I am writing this demand pursuant to the FAIR DEBT COLLECTION PRACTICES ACT, Section 809(b): Validating “Mortgage Lien/Debts.

I respectfully request that you provide me with the following information:

PLEASE BE ADVISED AND TAKE JUDICIAL NOTICE:

I am writing in response to your aggressive and illegal attempts to foreclose, evict, and take possession of the subject real [property herein named]. I do not believe you are legal entitled to the subject real property, therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts you have received this demand.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense; you cannot add interest or fees except those allowed by the original contract or state law.

You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA; further, your failure to respond and/or fully comply may be considered a waiver of your legal rights, if any.

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

Page 4: FCCA FORM TINA  LITTON

FURTHER: this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim (foreclosure sale is being ) disputed and validation is requested. Furthermore, that it should be noted that any attempts to Foreclosure is illegal and lacked compliance with foreclosure regulations and that your refusal /denial of said loan modification application is a violation of statutory law. That your document contains “ROBO SIGNERS” and other inconsistencies that are not allowed by law.

I respectfully and SPECIFICALLY request that you provide me with the following information:

1. Verify I owe you this debt and how you acquired the rights to collect.

2. Show me the details and calculations of how you calculated that amount suppose to owe on said real property?

4. Provide me with verification of assignment, judgment of any debts owed.

5. Identify to me the Original Mortgagor transferred of said debt

6. Show me that you are authorized to collect this debt on behalf of the Original Creditor and/or Note Holder in Due Course?

7.Give me a complete transaction and payment history from the Original Creditor.

8.Show me any fees and interest charges that have been added on to this debt. **

9.Show me how you determined and arrived at these fees.

10.Provide an opportunity for me to review the un-altered original Promissory Note.

11.Give me a true copy of the un-altered original signed Promissory note application made with the Original Mortgage Company/Corporation at the time of purchase.

12.“ORIGINAL UN-ALTERED PROMISSORY NOTE” signed by Purchaser at the close of escrow and all documents which in any way relate to any claims and defenses, which you may assert in this litigation.

Produce:

Page 5: FCCA FORM TINA  LITTON

13. Mortgage or Deed of Trust

14. Good Faith Estimate (very important)

15. Settlement Statement (very important

16. Right to Cancel/Right to Rescission (very important)

Disclosures:

1. HUD 1 Statement 2. TILA Disclosures (very important)

3. RESPA Servicing Disclosures

4. Any and all disclosures DOCUMENTS

5. A copy of the current billing statement.

6. A copy of any notifications from the lender or other party of a change in where the borrower is to send the payments. This may be because the lender sold the note (a new assignee), or sold the rights to collecting the payments (a new servicer).

7. A copy of any default notices, acceleration papers, or foreclosure paperwork.

8. A copy of any and all court paperwork if the property is in foreclosure or there is any court process ongoing that involves this property. If you do not have this paperwork, it must be obtained from the court files.

9. Certificate of Assignment (recorded) and/or any other document that supports transfer, assignment, and succession to said real property that is the subject of said court action, listing all parties that have or has an interest.

10. That you disclose the claim holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statues, State and Federal laws entitled to the benefits of payments;

11. All contracts, statements or account invoices and other documents related to or described in any relationships between any of the parties hereto.

12. All documents, which you have identified in your Responses and Answers to these Request for Production of Documents, and all documents, which you have in, any manner whatsoever relied upon in answering any part of these Request for Production of Documents

Page 6: FCCA FORM TINA  LITTON

13. All contracts and/or agreements entered into between you and any other parties regarding the subject matter of this litigation.

14. All other documents that have not been requested in the foregoing requests, but that are in your possession, which in any way relate to the subject matter of this litigation.

15. Submit any and all Orders of any other Court that has 'ORDERED' original documents, (related cases).

16. Any and all “Pooling Agreement(s)” or “servicing agreements” between the nominal lender at the loan closing or documents pertaining thereto and any government sponsored entity, hereinafter GSE or any other party;

17. 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 or and GSE or any other party;

18. 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 GSE or any other party;

19. 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 GSE or any other party;

20. Any and all “Master Purchasing Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim and interest in the loan closing or documents pertaining thereto and GSE OR any other party;

21. Any and all “Issuer Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim and interest in the loan closing or documents pertaining thereto and GSE OR any other party;

22. Any and all “Release 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;

Page 7: FCCA FORM TINA  LITTON

23. Any and all 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;

24. All assignments, transfers, allege or other documents evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instruments or other document that secures payment also include any assignments to MERS;

25. The front and back copy 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 payments;

26. Submit any all “NOTICES” executed to individuals believed to have possession of subject real property related to your foreclosures process.

27. Submit any all “NOTICES” executed to individuals believed to have possession of subject real property related to your EVICTION process.

28. Please provide any and all documents that indicate that the real property has been Paid in full due to pooling, bundling, transfer, exchange, and or securities agreement.

29. Submit any and all documents in your possession that supports that the pooling of the real properties note with other notes that created a security instrument?

30. 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 or and GSE or any other party;

31. Submit any and all documents in your possession that supports that the pooling of the real properties note with other notes that created a security instrument?

32. Submit any and all NOTICES executed to individuals believed to have possession of subject real property related to your foreclosure process;

33. Submit any and all NOTICES executed to an individual believed to have possession of subject real property related to your eviction process;

Page 8: FCCA FORM TINA  LITTON

34. Did you contract to sell or sell said the subject real property at any time? If so to whom?

35. Any and all ROBO SIGNERS you have used on the instruments for the herein mentioned real property at any time, to effectuate title, if so,

36. Make a ROBO signer list of those names that have been used relating the herein mentioned real property.

37. Were you issued an Order (directive) from the Office of the Comptroller of the Currency(OCC) TO REVIEW ALL FORECLOSURE FILED FOR DEFICIENCIES. If so, Did you review and/or re-evaluate the file of this mortgagee? If so, what was the outcome of your review?

38. Is the herein mortgagee within the guidelines for Modification? If so or if not, give complete reasons why you came or were able to come to you decision.

You have (30) thirty days to respond to this demand from the date of receipt. . Should this matter go to court the defendants shall be responsible for any and all court fees, incurred.. Signed this ___ day of the ________________, 2011

_______________________________Declarant TINA TODD

Page 9: FCCA FORM TINA  LITTON

MASTER MAILING LIST

OWEN LOAN SERVICING, LLC AATTEN CUSTOMER SERVICE DEPT P. O. BOX 24738WEST PALM BEACH, FL 33416

HFC / HSBC GROUPPO BOX 5340CAROL STREAM, IL 60197

HFC MORTGAGE 961 WEIGEL DRIVE ELMHURST, ILL 60126

LITTON LOAN SERVICING, LPMCCALLA RAYMER, LLC Attn: Attorney/Managing Agent1544 Old Alabama RoadRoswell, Georgia 30076

WILDE & ASSOCIATES Attorney For: Greggory L. Wilde, Esq. HSBC BANK USA, National Association asNevada Bar Number; 004417 Trustee for the benefit of People’s Financial208 South Jones Blvd Realty Mortgage Securities Trust, series Las Vegas, NV 89107 2006-1, by Litton Loan Servicing, LP asTel: 702 258-8200 attorney in fact 09-78104; DOES 1-100 and Fax: 702 258-8787 ROES A-Z, INCLUSIVE.

MARK S. BOSCO, ESQ.Arizona bar Number: 010167TIFFANY & BOSCO P.A.2525 EAST CAMELBACK ROAD, SUITE 300PHOENIX, ARIZONA 85016Tel; 602 255-6000

Law Offices McCalla Raymer, LLC LITTON LOAN SERVICING LP

Page 10: FCCA FORM TINA  LITTON

Bankruptcy Department Servicer Loan #: 412024661544 Old Alabama Road Your File #: 09-30780Roswell, Georgia 30076-2102 Real Property:Tel: (866) 205-2417 8346 Bismark Sapphire StreetFax: (770) 783-6926 Las Vegas, Nevada 89139

People’s Financial Realty Mortgage People’s Choice Home Loan, Inc.A Wyoming Corporation 7515 Irvine Center Dr.Irvine, CA 92618

GE MONEY BANK C/O RECOVERY MANAGEMENT SYSTEMS CORP ATTN: MANAGING AGENT 25 SE 2nd AVENUE, SUITE 1120MIAMI, FL 33131- 1605