By law, we should receive a response acknowledging receipt of our qualified written request within 5 business days.
How do you suppose this happened in 8 years? Hmm. "Acquiring" homes fraudulently without paying for them, and then selling them at the top of the market... Isn't our situation proof of this?!
Qualified Written Request #3:
June 14, 2013
Re: 3558 Seafarer Drive
Oceanside, CA 92054
Dear Select Portfolio Servicing and Carrington Property Services,
Mailed to: Select Portfolio Servicing
PO Box 65250
Salt Lake City, UT 84165-0250
certified mail#___________________________________
AND
Carrington Property Services, LLC
Mailed to: Carrington Mortgage Services
1610 East St. Andrews, Suite B-150
Santa Ana, CA 92705
certified mail#___________________________________
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).
This qualified written request (6 pages) is in addition and in succession to previously mailed
qualified written requests to Carrington Property Services, LLC/Carrington Mortgage Services
and office of RESPA. Also included is a copy of our response emailed to the parties hired by you,
Select Portfolio Servicing (referenced as the newly acquired owner of our home- copy of
document included) to post notices to our door: Jeff Wagner and Cindie of Excel Properties, and
Michael Blue of Home Smart Realty West/Coldwell Banker representing First Service
Residential Realty.
Specifically, we are disputing a) the identity of a true secured lender/owner, and b) your authority
and capacity to collect rent or carry out an eviction on behalf of the alleged lender/owner and c)
your authority to list and sell the property. Because of extensive criminal activity and fraud in
this arena, we require proof of the chain of secured ownership from the original alleged lender/
creditor to the alleged current lender/creditor/owner. Further, we require proof that you are the
entity that has been contracted to work on behalf of the alleged lender/creditor/owner.
Pursuant to “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), please provide:
1. A full, double sided, certified “true and accurate” copy of the original promissory note and
security instrument and all assignments of the security instrument.
2. Full name, address and telephone number of the actual entity that funded the transaction.
3. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series
of Certificates.
(Note: If the note number is being traded in a Fannie Mae Trust or Freddie Mac Trust, please
provide all information to identify the Trust (i.e. Fannie Mae Pool Number, CUSIP Number,
REMIC or SMBS Trust Number and Trust Class/Tranche).
4. Full name, address, and telephone number of the Trustee.
5. A physical location (address) of the original promissory note, original security
instrument, and all assignments of the security instrument, and a contact name and phone
number of someone who can arrange for inspection of said documents.
8. Full name, address and telephone number of any master servicers, servicers, sub-servicers,
contingency servicers, back-up servicers or special servicers for this account.
9. The electronic MERS number assigned to this account if this is a MERS Designated Account.
10. Proof of true sale of the note from alleged Lender to investors, by showing:
Wire transfer document(s), and/or
Signed purchase and sale agreement(s),
Bank statements or similar documentation.
11. The MERS Milestone Report, if the note number and security instrument was tracked by
Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer
in ownership and alleged transfer in security interest.
12. Verification of any notification provided to me of a change in servicer.
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(s) of the mortgage and 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
May 21, 2013
To Whom it May Concern,
The following Qualified Written Request was mailed certified on May 10, 2013. As per
USPS.com #70123050000168687952 addressed to Carrington Property Services was delivered
on May 13, 2013. We have not received written response stating that Carrington received our
request. This second attempt is sent to Carrington at the address below, mailed certified
#70122210000146906740 this time with a signature confirmation as well. Also cc: Office of
RESPA and Interstate Land Sales, certified mail #70122210000146906733 and
70123050000168687969:
May 10, 2013
Re: 3558 Seafarer Drive
Oceanside, CA 92054
Dear Carrington Property Services, LLC,
Mailed to: Carrington Mortgage Services
1610 East St. Andrews, Suite B-150
Santa Ana, CA 92705
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 disputing a) the identity of a true secured lender/owner, and b) your authority
and capacity to collect rent or carry out an eviction on behalf of the alleged lender/owner and c)
your authority to list and sell the property. Because of extensive criminal activity and fraud in
this arena, we require proof of the chain of secured ownership from the original alleged lender/
creditor to the alleged current lender/creditor/owner. Further, we require proof that you are the
entity that has been contracted to work on behalf of the alleged lender/creditor/owner.
Over the past five months we have repeatedly asked for proof of ownership and have tried to
purchase the home we are renting at: 3558 Seafarer Drive, Oceanside, CA 92054. Since the
foreclosure was finalized, we have been bullied and lied to. We have communicated to all parties
(that we are aware of) that we want to purchase our home and will not sign a new lease when we
have a bonafide lease until March of 2014. We were working with Liz Mitchel at Chase bank to
short-sale the property before the foreclosure. Afterwards, we got a pre-approval with Andre
Gains of Chase bank who was unable to accept our purchase offer stating that Chase does not
own the property; they are the servicer. We submitted our purchase offer to the listing agent
assigned by Chase bank: Roselena Dellamary of Coldwell Banker, in January. Roselena refused
to submit it to “the asset manager” until we signed a month to month lease. Then a 90 day notice
to vacate was posted on our door by a lawyer representing US Bank. We have since tried on two
different occasions to submit an offer to Renee McGuire at US Bank (the owner listed on the
deed), but they have no record of the property and do not claim ownership our home. We relayed
our desire to buy our home to Lara Doronzo of Property Advantage who was assigned by
Carrington (who was assigned by Chase). Lara agreed to forward our emails up “the chain of
commands” to Carrington. There has been no response. The 90 day notice to vacate expired April
11, 2013 and was not followed through with. Next a notice to pay rent to Carrington Property
Services, LLC was posted by the same lawyer: Ruzicka and Wallace. We most recently
submitted our purchase offer to Dess Richardson of Ruzicka and Wallace after she agreed to
forward it to “her client” (which we assume must be the owner). That was last week. Leah at
Tenantstogether.org (who put me in contact with Dess) asked me to allow for an appraisal next
week before “the bank” will consider our offer. Leah has offered her opinion that she thinks the
actual owner is Bank of America because of the “robo-signing.” We live in this home. It is our
right to know if someone does in fact actually, legally own our home. Before allowing entry to
an appraiser (or any other person), we will require verifiable proof that they are or were hired by
the owner as a last attempt to verify ownership on our own. Contact information for the people
referenced above (and others that are aware of our situation) is attached in an email illustrating
an example of how we have been treated. Also a copy of the first page of our lease, the most
recent document posted to our door and the “robo-signed” documents filed at the San Diego
County Recorders office.
Pursuant to “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), please provide:
1. A full, double sided, certified “true and accurate” copy of the original promissory note and
security instrument and all assignments of the security instrument.
2. Full name, address and telephone number of the actual entity that funded the transaction.
3. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series
of Certificates.
(Note: If the note number is being traded in a Fannie Mae Trust or Freddie Mac Trust, please
provide all information to identify the Trust (i.e. Fannie Mae Pool Number, CUSIP Number,
REMIC or SMBS Trust Number and Trust Class/Tranche).
4. Full name, address, and telephone number of the Trustee.
5. A physical location (address) of the original promissory note, original security
instrument, and all assignments of the security instrument, and a contact name and phone
number of someone who can arrange for inspection of said documents.
8. Full name, address and telephone number of any master servicers, servicers, sub-servicers,
contingency servicers, back-up servicers or special servicers for this account.
9. The electronic MERS number assigned to this account if this is a MERS Designated Account.
10. Proof of true sale of the note from alleged Lender to investors, by showing:
Wire transfer document(s), and/or
Signed purchase and sale agreement(s),
Bank statements or similar documentation.
11. The MERS Milestone Report, if the note number and security instrument was tracked by
Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer
in ownership and alleged transfer in security interest.
12. Verification of any notification provided to me of a change in servicer.
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(s) of the mortgage and 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,
__________________________ _________________
Shelley Olson Date
__________________________ _________________
William Horenburg Date
cc:
U.S. Certified Mail # ________________________
Office of RESPA and Interstate Land Sales
Office of Housing, Room 9154
US Department of Housing and Urban Development
451 Seventh Street, SW
Washington, DC 20410
QWR 3.pdf (100.22 KB)
