Bank of America, N.A. Customer Service Department, CA6-919-01-41 PO Box 5170 Simi Valley, CA 93062-5170 Date: 05/21/2012 Certified Letter #7011 2970 0004 2284 0245 Re: Alleged mortgage loan number: 198998250 ________________________________________________________________________ Actori incumbit onus probandi (The burden of proof lies on the plaintiff.) Dear Bank of America, N.A., I mailed you a Certified Letter (#7011 2970 0004 2284 0269) dated April 18, 2012 in regards to a, “Notice Of Intent To Foreclose”. I respectfully asked “Bank of America, N.A. to produce the contract signed by me, that states I have any contractual obligation with Bank of America, N.A.. I received your correspondence dated: May 14, 2012 (Copy Enclosed). Your letter states that several of my requests seem generally directed toward disavowing the enforceability of the loan documents “you claim I signed” at closing. Your letter also states that my letter to Bank of America, N.A. does not contain any facts that would reasonably support a claim that the loan documents signed at closing are not enforceable. My question again is, “WHAT DOCUMENTS”? What documents (CONTRACT) are you claiming are enforceable? “THE NOTE PERHAPS”? “For the record”, will you please produce the NOTE, the instrument, the contract signed by me that states I have any contractual obligation what so ever, to pay Bank of America, N.A. anything? Causam agere ei non licet qui nullum damnum accepit - An action is not given to him who has received no damages. If an action has not injured or wronged a person, claims cannot be made on such.. Why? Because incredibly, even if a Court has found that the original note is lost and the foreclosure sale is finalized, if someone later turns up with the original note and proves that it is the proper holder of the note, and not the person who foreclosed on the property, the original borrower is STILL LIABLE. “Uniform Commercial Code”, which is a set of laws governing commercial transactions that many states have adopted. It contains a specific provision on this subject (Section 3-309) which states that a person can enforce a promissory note without having the original, BUT only under certain limited circumstances. 1. The person or entity has to swear and attest that it no longer has the original note; 2. The person or entity has to prove that it was properly in possession of the note and was entitled to enforce it WHEN it lost possession of the note; 3. The person or entity has to prove it didn’t “lose” possession simply because it transferred the note to someone else (i.e., it’s not really lost); and 4. The person or entity has to prove that it cannot produce the original note because the instrument was destroyed or its whereabouts cannot be determined or it was stolen by someone who had no right to it. All of these matters have to be definitively proven by the person or entity trying to foreclose on the property. It is not the obligation of the borrower to prove or disprove any of this. The borrower can challenge the right of the person or entity trying to foreclose and demand proof. Absente superiore titulo, possessio titulus sat - Possession is sufficient title, where no better title is presented. In absence of stronger proof of claim to property, possession will suffice. A legal maxim on property and land. “AGAIN”, Under Privity of Contract, I hereby challenge the validity of your claim. Privity of Contract is a doctrine of contract law that prevents any person (corporation) from seeking the enforcement of a contract, or suing on its terms, unless they are a party to that contract. If, Bank of America, N.A. can NOT validate your claim, all collection efforts MUST be stopped and the account MUST be deleted from, Bank of America, N.A.. If you can NOT validate your claim, by law, you can NOT collect on it. Also, reporting a debt to the credit reporting agencies that can NOT be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $1000 fine to be paid to me. “AGAIN”, Maryland; Statute of Frauds is a law which provides that no lawsuit can be maintained on certain classes of contracts or agreements unless there is a NOTE or memorandum thereof in writing signed by the party to be charged or by his authorized agent. That means that under the statute, certain kinds of contracts have to be in writing in order to be enforceable in a court of law. The writing also has to be signed by the person who is held responsible for the contract or by that persons agent. Contracts that have to be in writing include contracts for the sale of land or for any interest in land and contracts that cannot be performed within one year. “Dormiunt leges aliquando, nunquam moriuntur” - The laws sometimes sleep, but never die. “For the record”, you (Bank of America, N.A.) are threatening to foreclose on my property. I have a RIGHT to demand proof that Bank of America, N.A. holds a contract, signed by me, that lawfully binds me to Bank of America, N.A.. If I do NOT have a contract with Bank of America, N.A., you can NOT lawfully continue to present me with a solicitation to pay anything. “Again”, An action is not given to him who has received no damages. If an action has not injured or wronged a person, claims cannot be made on such.. If I have not breeched a contract with Bank of America, N.A., then you can NOT foreclose on my property, because you don’t have the RIGHT to do so in law. R.E.S.P.A. QUALIFIED WRITTEN REQUEST 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). Specifically, we are in dispute as to the identity of the true owner of this debt (if any), and your authority and capacity (if any) to collect on behalf of the same. Specifically, I am requesting the following information: 1. Produce the NOTE, the instrument, the contract between me and BANK OF AMERICA, N.A., signed by me. You should be advised that within FIVE (5) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY (30) DAYS to fully respond as per the time frame mandated by Congress, in “Subtitle ‘E’ Mortgage Servicing” of the ‘‘Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1). TRUTH – IN-LENDING ACT § 131(f)(2) Pursuant to 15 U.S.C. § 1641 (f): Please provide the name, address and telephone number of the owner of the mortgage or the master servicer of the mortgage. You should be advised that Violations of this Section provide for statutory damages of up to $4,000 and reasonable legal fees. The amendments also clearly provide that the new notice rules are enforceable by private right of action. 15 USC 1641 Sincerely, John-Smith: Doe Date:_______________________ Signature:__________________________________ Without Prejudice UCC 1-308 Well, its now May 16, 2014 and would you believe they still havent produced the note!
Posted on: Fri, 16 May 2014 16:43:45 +0000
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