Documents to prevent foreclosures.

Sample Letter to Begin Forensic Mortgage Audit

Mortgage Note.Following is a sample letter as used by a professional company that conducts forensic audits.

While we do not recommend trying anything alone (which is why we are here to work with you), the documents requested in the following letter are those that you are entitled to by law and that will be examined during a forensic audit.

According to everything we have read, there is a better than 85% chance of error in your home purchase documents.

Letter to your lender . . .

Families Fighting Foreclosure.

Your Lender
Address

Attention Customer Service:

Loan Number:           #
Consumer Name:        Your Name       
Your Property Address (Street, City, State, Zip Code)

This is 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 by me, as the above-named borrower(s), based on a dispute that has arisen with regard to my loan account.

I am writing to you to complain about the accounting and servicing of this mortgage and my need for understanding and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date.

To date, the documents and information I have, from origination and those that you have sent me, and the conversations with your service representatives have been unproductive and have not answered my questions. Needless to say, I am very concerned. With all the news lately regarding the stories of predatory lending and servicing, you have left me feeling that there is something you are trying to hide. I worry that potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected any credit rating, mortgage account and/or the debt or payments that I am currently, or may be legally obligated to.

In order to ensure that I am not a victim of such predatory practices I need to conduct an examination and audit of this loan. I need to have full and immediate disclosure including copies of all pertinent information regarding this loan. I also request that you conduct your own investigation and audit of this account since its inception to validate the debt you currently claim I owe.

Specifically, I am writing to request copies of all documents pertaining to the origination of the mortgage including:

Settlement Statement HUD-1

Appraisal

Loan Application

All Right to Cancel Forms

All Good Faith Estimates

Commitment Letter

FHA Mortgage Insurance Certificate

FEMA Flood Notification

Hazard/Flood Policy

ARM Program Disclosure

CHARM Booklet

Title Commitment

First Payment Letter

Adverse Notice

Purchase Agreement

Buy-Down Agreement

Mortgage Broker Agreement

Privacy Policy

Credit Documents

All State-Specific Disclosures

Closing Instructions

Lock-In Agreement

Section 32 Disclosures

Note

Mortgage/Deed of Trust

All Truth-In-Lending Disclosure Statements

HELOC Agreement & Disclosures

Private Mortgage Insurance Certificate

Asset Verification Documentation

Income Verification Documentation

Gift Fund Letters and Verification

Itemization of Amount Financed

Special Information Booklet on Closing Costs

Controlled Business Arrangement Disclosure

A copy of the loan history including all payments made, all fees incurred, what has been   paid out of the escrow account, and how all payments were applied. This information should cover the entire life of the loan.

Additionally, this letter shall serve as my written request under TILA 15 USC 1641(f)(2), which mandates that you, as the servicer, provide me the identity of the true note holder, including their name, address and telephone number of the owner of this obligation.

The reason for obtaining this information is to assure that the terms and conditions are reasonable and affordable throughout the term of the loan and that I was not a victim of predatory lending and/or servicing practices.

You should be advised that you must acknowledge receipt of this qualified written request within 20 business days, pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X, Section 3500.21(e)(1).
Thank you in advance for taking the time to acknowledge and answer this request as required by the Real Estate Settlement and Procedures Act (section 2605(e)).

Sincerely,

Your Name
(Signature)