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Y YYxxxxxxxxxY

To: Homecomings FinancialY

P. O. Box 78426Y

Phoenix, AZ 85062-8426Y
Y

Re: (street address)Y

Chester, IL 62233Y

Dear Sir or Madam,Y

After seeking advice of council, it has come to my attention

that you are in violation of several provisions of the Consumer
Protection Act and the Real-estate Procedures Settlement Act
all at 15 USC §1601 et seq. and 12 USC §2601 et seq. as
more fully set out below.Y

Y The year of my loan is June 2, 2003 and is not beyond

the statue of limitations thereof.YY


Y I received no signed documents at time of closing or

within a reasonable amount of time of signing.YY


Y Lender failed to give to the Borrowers signed copies

(Borrower and Lender) of the complete loan
transaction, as required by 15 USC §1601 et seq.
within a reasonable amount of time or never during the
entire period of the loan agreement.YY


Y Loan appears to be an ³Alternative Mortgage´ as

defined by 12 USC §3801, 3802, 3803 et seq. Provide
proof, per Borrower¶s income and credit history at time
of loan origination, that Borrower could only qualify for
an ³Alternative Mortgage´ and that this Loan meets the
definition of per above and applicable Federal
Regulations governing such loans.YY


Y The Lender did not acquire a UCC-1 Lien on the

property as required by revised Article 9. The
 Borrower must sign the UCC-1 papers for the Original
Loan and each time the NOTE is sold. The Borrower
must sign again for each new assignee.YY


Y The Borrower did not sign papers acknowledging

receipt of Notice of the UCC-1 Lien.YY


Y The disclosures made in relation to the consumer credit

transaction were not presented in the manner required
by law. The disclosures were not grouped together and
were not segregated from everything else as required
by Title 12 Code of Federal Regulations, (reference
Federal Code/Regulation)YY


Y There were no interest disclosures provided as required

by ......(reference Federal Code/Regulation)YY

Y Lender failed to give to the borrowers the required 3

day cool off period as required by Regulation Z, Part
....(reference Federal Code/Regulation).YY

YThere was no Good Faith estimate given as required by
12 Code of Federal Regulation, §226.18©, 12 USC
§2601 et seq. and ....YY

YThe finance charge, using that term, and a brief

description as to the dollar amount the credit will cost
the Borrower was not given, as required by .....YY


YLender failed to disclose the amount of its ³finance

charge´ because no disclosure statements were given,
using the term ³finance charge´...(reference Federal
Code/Regulation)YY

Y
 
YThere was not contained in the loan documents a
disclosure of the total sales price....(reference Federal
Code/Regulation)YY


YThere was no separate disclosure given for the

prepayment penalty as required by....(reference
Federal Code/Regulation)YY


YThe Borrower was not given the option....(reference

Federal Code/Regulation)YY


YThere was not statements that the consumer should

refer to the appropriate contract document and clause
for information about nonpayment, default, the right
to..... Federal Regulation, §xxx.xx(p).YY


YThere was no TIL disclosure given as required by....

Title 12 Code of Federal Regulations §xxx.xx and
.........(reference Federal Code/Regulation)YY


YThe two required statements under 15 USC

§1639(a)(1)(A) and (B) are completely missing.YY

YThe required disclosure statements are completely

missing under 15 USC §xxx.xx......and Regulation Z,
Part xxx.xx et seq.YY



YLender failed to disclose in or with the disclosure
statements, because no disclosure statements were
given, the amount of the balance to which the rate was
applied and an explanation of how that balance was
determined. Lender further failed to disclose the fact
that the balance is determined by first deducting all
credits and payments made as required by
Title.....(reference Federal Code/Regulation)YY
Y


YLender has failed to use the proper forms, approved by

the Federal Reserve Board, as required by Regulation
Z, Part 226 et seq. and the forms used do not display
OMB numbers.YY


YLender failed to give all the required sentences in the

unsigned loan documents as required by 15 USC §1601
et seq. and Regulation Z, Part 226 et seq.YY


YThe Lender failed to disclose to the Borrower that the

finance fee, if adjusted to maximum allowed by the
Note, would be usury as required by Regulation
......(reference Federal Code/Regulation)YY


YLender failed to disclose that the margin added to the

index exceeded the amount allowed by 15 USC §1602
et seq.YY


YLender failed to disclose that the detention of any

money over the disclosed amount would amount to
usury as required by Title 12 Code of Federal
Regulations §226 et seq.YY


YThere was no NOTICE of the Right to Rescind in the

case of usury in the transaction as required by Title 12
Code of Federal Regulations §226.23.YY


YThere was no FORM for rescinding the contract in the

event of usury as required by Title 12 Code of Federal
Regulations §226.23(b)(1).YY


YLender failed to disclose to the Borrowers that the

settlement fees could not be a part of the amount
financed as required by Regulation ....YY
Y


YThere were no preliminary disclosures given as

required by 15 USC §1601 et seq., Regulation .....YY



YLender has failed to make the disclosures required by
15 USC §1601 et seq. and Title 12 Code of Federal
Regulation, §226.18, clearly and conspicuously in
writing, in a form that Borrowers could keep as
required by 15 USC §1601 et seq. and Title 12 Code of
Federal Regulation, .......(reference Federal
Code/Regulation)YY


YHave, you the creditor, kept evidence of compliance

with Regulation Z and the regulation disclosure
requirements for a period of 2 years as required by
Title 12 (reference Federal Code/Regulation)YY


YHave, you the creditor, provided all required

disclosures to Borrower when the note was sold,
assigned or servicing transferred as required by
Regulation Z.YY


YAs a proximate result of the foregoing, the Borrower

herein has the right to rescind the entire transaction
and have the title to such property restored to it¶s
original condition.YY

Because of this and other reasons that lead me to believe that

I may be a victim of predatory lending. I am disputing the
validity of the current debt you claim I owe. By debt I am
referring to the principal balance claimed owed, my calculated
monthly payment, calculated escrow payment and any fees
claimed to be owed by you or any trust or entity you may
represent.Y

To independently validate my debt, I need 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 from reporting any negative credit
information [if any] to any credit reporting agency until you
respond to each of my requests.Y

I also request that you kindly conduct your own investigation

and audit of my account since it inception to validate the debt
you currently claim I owe. I would like you to validate this
debt so that it is accurate to the penny!Y

Please do not rely on previous servicers or originators records,

assurances or indemnity agreements and refuse to conduct a
full audit and investigation of my account.Y

I understand the potential abuses by you or a previous

servicer could have deceptively, wrongfully, unlawfully and/or
illegally:Y

Increased the amounts of my monthly payments,Y

Increased the principal I owe,Y

Increased by escrow payments,Y

Increased the amounts applied and attributed toward interest

on my account, Y

Decreased the proper amounts applied and attributed toward

principal on my account and/or assessed, charged and/or
collected fees, expenses and miscellaneous charges I am not
legally obligated to pay under my mortgage, note and/or deed
of trust.Y

I want to insure you that I have not been a victim of such

predatory practices.Y

To insure this, I have authorized a thorough review,

examination, accounting and audit of my mortgage loan,
lxxxxxxxxx, by mortgage auditing and predatory lending
experts. This exam and audit will review my mortgage loan
file from the date of my initial contact, application and
origination to the present date written above.Y

As such, please treat this letter as a Qualified Written Request

(QWR) under the Real Estate Settlement Procedures Act,
codified as Title 12 §2605(e)(1)(B)(e) and Regulation X
§3500.21(f)(2) of the United States Code as well as a request
under Truth In Lending Act [TILA] 15 USC §1601 et seq.
RESPA provides substantial penalties and fines for non-
compliance or failure to answer my questions provided in the
attachment to this letter within sixty (60) days of its receipt.Y

Please provide me with the documents I am requesting and a

detailed answer to each within the required lawful time frame.
Upon receipt of the documents and answers, an exam and
audit will be conducted that may lead to further document
request and answers to questions under an additional QWR
letter.Y

Copies of this Qualified Written Request, Validation of Debt,

TILA and request for accounting and legal records, Dispute of
Debt letter are being sent to FTC, HUD, all relevant state and
federal agencies, other consumer advocates and my
congressman/senator.Y

It is my hope that you can answer my questions, validate and

document my debt to the penny and correct any abuses or
schemes uncovered.Y

Since this letter and before, you as the Lender, has continued
and so continue, to violate Title 15 United States Code,
Section 1601 et seq., Regulation Z, Title 12 Code of Federal
Regulation, Part 226, 12 USC §2601 et seq., 12 Code of
Federal Regulations, part 3500 and 31 USC §1901 which was
adopted pursuant to the Consumer Protection Act by failing to
properly make disclosures.Y

Y
 As a result of Lender¶s aforesaid violations, Lender is liable to
Borrower in an amount not less tha$200.00 and up to
$2,000.00 for each and every violation and clear title to
property with fixtures in fee simple as a result of the
aforementioned all with damages. The credit transaction is
also rescindable.Y

Sincerely yours,Y

Dated the ______, of __________________, 2004Y

________________________________________Y

(Homeowner¶s Name)Y

Attachment: Questions to be answered and documents to be

provided per this Qualified Written Request and Validation of
Debt.Y

YY