[Redeemed]

Hi Poppy:

I have put together the following QWR. Do you think it is sufficient?

Attention Customer Service:

Loan number: *****
Name: *****
Property Address: ***********************

This is a "Qualified Written Request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

In February, 2006, I spoke with Chase’s Loss Mitigation Representative “Anthony” regarding Chase’s allegation that my mortgage payment was 2 months delinquent. Despite my insistence that this was incorrect and my request that Chase re-check their records, my request was ignored and Anthony demanded that I pay the alleged delinquency as well as $4,000.00 in attorney fees (see attached). Chase refused to accept any payment from me, other than what was being demanded, in excess of $6,000.00, including attorney fees.

At the inception of this issue, I requested and received a copy of the Payment Statement, from Chase. This Payment Statement clearly shows that all payments were infact received to date. (Copy attached , exhibit “A”)
Despite the foregoing, HSBC and Chase continue to insist that the loan was infact delinquent to include March, 2005 payment. As you can see from the payment statement, this was incorrect.

My mortgage loan has further been compromised, by the fact that HSBC now claim partial payments were received, when infact these smaller payments had nothing to do with the First Mortgage Loan, these smaller payments received are payments received for my SECOND LOAN which Chase held until January, 2006, at which time the second loan was sold to USA Bank..

Chase, as of March 15, 2008, continue to inform me that the first payment they received was in January, 2006, when cancelled checks and bank statements clearly prove this to be incorrect, and the first payment received, and cashed by Chase was infact November, 2005. Could this be the confusion of the alleged 2 payments delinquent? Chase and HSBC have been notified of this error on numerous occasions and have refused to correct their records, despite the fact that they have been provided with copies of cancelled checks .


HSBC continue to allege that a mortgage payment was returned NSF. I have previously requested a copy of this alleged NSF check, which to date, has not bee provided to me. I again request, Please provide a copy of such NSF check. My bank records and canceled checks clearly indicate that all payments were received and cashed by Chase.

On May 30, 2006, Chase received via certified return receipt requested US mail a mortgage payment which was ultimately returned. This payment would have kept my mortgage current. Foreclosure records indicate that HSBC filed foreclosure following my last conversation with Anthony on may 20, 2006. The foreclosure was filed on or about May 26th, 2006.

HSBC have continued to insist that they have a valid cause of action, filing foreclosure on my property. HSBC nor Chase have attempted to resolve this issue in good faith. Indeed I have been subject to numerous acts of bullying and intimidation; for instance I received a notice of sale on my home when infact the subject property has not to date been subject to a summary Judgment for Foreclosure. I have previously faxed Chase and opposing counsel notifying them that I dispute the allegation of delinquent mortgage payments and requested that someone contact me in order to resolve this issue. To date no one from Chase, HSBC nor the office of opposing counsel, has responded to my telephonic and written requests.

I am requesting:

(1) Copies of all documents pertaining to the origination of my mortgage including my loan application, Right to Cancel, Deed of Trust, note, adjustable rate note, addendum to the note for the interest only payment period, Truth in Lending statements, Good Faith Estimate (GFE), HUD 1, appraisal, and all required disclosures and rate sheets associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety.

(2) 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.

I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income was inflated on the application, and that the property appraisal was similarly falsely inflated. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. Additionally, I believe that a notary was not present to witness my signatures on several pertinent documents.

I have been given the runaround by the voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of the foreclosure details.
I have been re-routed to the wrong department or individual dozens of times. All of my calls and faxes are documented in your records, as they are in mine. The customer service provided to me has been less than adequate. Let this letter serve to document my request to have my communications responded to in a timely manner.

I do not wish to loose my home to foreclosure, indeed my desire is to remain in my home. I am simply seeking that the mathematical errors be corrected, and to continue paying for the mortgage loan under the original terms.


I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,