Here is some verbiage that has been used, but frankly without an attorney to deal with the lender,

your position is not going

to be taken as seriously as it would with a competent attorney who understands the complex issues:
Dear Sir or Madam: Please accept this letter on behalf of the abovenamed property owner and borrower!
"hile this letter is written in part for purposes of settlement and compromise it is already a demand letter
which can and will be used as necessary! #t is therefore not a confidential communication protected under
the rules of settlement disclosures and correspondence!
$ou have previously been presented with proper notices of deceptive lending practices in the closing on
the abovereferenced loans! Said notices were accompanied by Proposed %esolutions under the &ederal
'ruth in (ending )ct and the %eal *state Settlement Procedures )ct!
+otwithstanding the above, your agents have threatened foreclosure, sale and eviction of the
homeowner,borrower, despite the facts that the borrower is not in default, the lender and trustee are
ignorant of any facts to state affirmatively that the borrower is or is not in default, the lender is in default of
its obligations under applicable &ederal and State laws, the lender at the closing the servicing agent are
not the real parties in interest -i!e!, they lack standing to proceed to .udicial or non.udicial sale/, the trustee
and lender lack authority to proceed but have intentionally and fraudulently filed papers and posted notices
as though the authority was present!
"* H*%*"#'H D*M)+D 'H* +)M*S )+D 01+')0' #+&1%M)'#1+ )(1+2 "#'H ) D*S0%#P'#1+
1& 'H* S*03%#'$ S1(D, 'H* )SS#2+M*+' M)D*, )2%**M*+'S S#2+*D, 4*'"**+ )(( 1&
'H* M1%'2)2* 4%15*%S, %*)( *S')'* 4%15*%S, D*6*(1P*%S, )PP%)#S*%S, M1%'2)2*
)22%*2)'1%S, #+6*S'M*+' 4)+5*%S, %*')#( 1% 1'H*% S*((*% 1& S*03%#'#*S )+D 'H*
#+6*S'1%S "H1 P3%0H)S*D 'H* S*03%#'#*S!
4ased upon information received from the experts in this case and based upon our own factual and legal
investigation there appear to be claims in addition to the claims stated in prior correspondence, which
claims based upon the following summary, are in most cases not exclusive and therefore the demands
stated in this letter and prior correspondence you have received, which is incorporated herein as
specifically as if set forth at length hereat, should all be considered cumulative!
3sury: )s a result of the artificially inflated 7fair market values8 utili9ed by (*+D*% et al, its agents,
servants and,or employees, to induce the borrower to sign the mortgage documents and purchase the
property, the effective yield now vastly exceeds the legal lending limit in the State of &lorida, if the borrower
pays in accordance with the mortgage and note indentures! ) :uick review of the usury law in &lorida will
reveal that while it has been relaxed somewhat to accommodate predatory lending through credit cards
and payday loans, it remains somewhat stringent in connection with other loans and allows the borrower to
to cancel the loan and collect damages! Hence, .ust for the record, in the unlikely event we do not settle
this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value
of the note in damages, plus attorney fees and costs of ;<= of the value of the of the claim which is the
principal of the note plus three times the principal of the note!
Security 6iolation: 'he sub.ect mortgage was part of a purchase transaction in which the property was sold
with promises and assurances that the value would go up, the rental value would assure a return on
investment, and that the investor need not perform any work, since the maintenance and other factors
would be done by third parties > the 0ondominium )ssociation, the real estate broker, the management
office etc! 'his constitutes, despite the appearance of other 7uses8 the sale of a security under the
Securities )ct of ;?@@ and other applicable &ederal and state Securities laws! 'he sale of this security was
improper, lacking disclosure, rights to rescind under the securities laws, and lacking in disclosure as to the
true nature of the transaction and the true position of the parties, including but not limited to the fact that
the 7lender8 was in actuality acting as a conduit, removing the essential aspect of risksharing in the normal
lenderborrower relationship, that the risk of loss was not only real but unavoidable because of the
artificially inflated values, and that the 4uyer should consider the purchase to be a highrisk investment with
the possibility of total loss! Since the sale of 'H#S security was part of larger plan to sell securities to
7:ualified8 investors using false ratings and false assurances of insurance, together with a promised rate of
return in excess of the revenue produced by the underlying efforts, the sale of 'H#S security was part of
larger Pon9i scheme wherein securities were sold at both ends of the spectrum of the supplier of capital
-the investor/ and the consumer of the capital -the borrower and the seller of the property/! Since
compensation arising from the transaction with this borrower was not disclosed to the borrower, the
transaction lacked proper disclosure and is sub.ect to rescission, compensatory and punitive damages!
Hence, .ust for the record, in the unlikely event we do not settle this case, demand is herewith made for full
satisfaction of the mortgage and note plus three times the value of the note in damages, plus attorney fees
of ;<= of the value of the of the claim which is the principal of the note plus three times the principal of the
note!
0ommon (aw &raud in the #nducement and &raud in the execution of the closing documents including but
not limited to the settlement statement, the mortgage and note! Hence, .ust for the record, in the unlikely
event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note
plus three times the value of the note in damages, plus punitive and,or exemplary damages plus attorney
fees of ;<= of the value of the of the claim which is the principal of the note plus three times the principal
of the note!
(ittle &'0 )ct -&lorida/: while the transaction clearly involves interstate commerce, &lorida law provides for
much the same remedies as described above for unfair and deceptive lending or business practices!
Hence, .ust for the record, in the unlikely event we do not settle this case, demand is herewith made for full
satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive
and,or exemplary damages plus attorney fees of ;<= of the value of the of the claim which is the principal
of the note plus three times the principal of the note!
'#() claims have been summari9ed in prior correspondence! 4ecause the transaction is not a pure first
mortgage residential transaction, the '#() exception for rescission does not apply and we therefore
demand rescission in addition to the abovestated claims! Hence, .ust for the record, in the unlikely event
we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus
three times the value of the note in damages, plus punitive and,or exemplary damages plus attorney fees
of ;<= of the value of the of the claim which is the principal of the note plus three times the principal of the
note!
%*SP): $ou have failed to properly respond to the claims under the act are are currently in violation!
Hence, .ust for the record, in the unlikely event we do not settle this case, demand is herewith made for full
satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive
and,or exemplary damages plus attorney fees of ;<= of the value of the of the claim which is the principal
of the note plus three times the principal of the note!
%#01: )s stated above there were multiple parties in multiple states in a scheme spanning virtually all
continents in which false, misleading and nonconforming statements were made to investors and
borrowers alike, wherein (*+D*% et al acted in concert with other 8lenders8 and investment bankers to
artificially create the appearance of higher market values for property and the false appearance of trends
that did not in actuality exist, but for the 7free money8 -secured under false pretenses/ pumped into a
financial system and real estate market consisting of false and deceptive high pressure sales tactics whose
ob.ectives were to get the borrowerAs signature without regard for the conse:uences to either the borrower
or the investor! Hence, .ust for the record, in the unlikely event we do not settle this case, demand is
herewith made for full satisfaction of the mortgage and note plus three times the value of the note in
damages, plus punitive and,or exemplary damages plus attorney fees of ;<= of the value of the of the
claim which is the principal of the note plus three times the principal of the note!
3nder &ederal (aw, you are a provider of financial services and,or products to a borrower whom you or
your agents, predecessors, or successors intentionally deceived at the closing of the loan, conspired to
misrepresent the proper appraised value of the property, and have now ignored your basic responsibilities
of presenting a response to the notices and correspondence already on file with you and regulatory
agencies, who have been informed of your illegal and improper conduct!
+otwithstanding the above, the borrowers are now faced with the apparent prospect of losing their house,
their credit rating, and have been re:uired to seek the services of legal counsel to forestall the loss, for
which services demand is herewith made under the terms of the mortgage and all applicable &ederal
-'#(), %*SP), %#01/ and State (aw!!
$13% 01+D30', #& $13 P%10**D, 01+S'#'3'*S 0%#M#+)( 'H*&' )+D 0#6#( 'H*&' 1& 'H*
%*)( P%1P*%'$ S34B*0' '1 'H* M1%'2)2*, +1'* )+D P%10**D#+2S $13 H)6* P1S'*D
)+D &#(*D! )ccordingly your position, in the absence of any authority to do so under law is invalid and
illegal! 1+ 4*H)(& 1& 'H* 41%%1"*%,H1M*1"+*% D*M)+D #S H*%*"#'H M)D* 'H)' )((
*&&1%'S )' S)(*, *6#0'#1+ 1% &1%*0(1S3%* 4* S'1PP*D #MM*D#)'*($ )S 'H* P%1P*%'$
#S S0H*D3(*D &1% *6#0'#1+,S)(* "#'H#+ ) &*" D)$S!
)ny further attempts at collection will result in further action taken on behalf of the borrowers for all
remedies available in law and e:uity in both administrative proceedings, and .udicial forums possessing
competent .urisdiction, which will seek damages for unfair trade trade practices, treble damages under
applicable law for %#01, &'0 and little &'0 violations, conse:uential damages and refunds, attorney fees,
court costs, and all other available remedies in law or e:uity!
P(*)S* 216*%+ $13%S*(6*S )001%D#+2($CCC