Consumer complaint received 2023-06-14
Company: PENNYMAC LOAN SERVICES, LLC.
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I closed on my dream home on XX/XX/XXXX, XXXX XXXX XXXX as my loan provider. I made my first month 's payment the third week of XXXX making this account defaulted when PennyMac allegedly took over/bought/transferred this loan from XXXX XXXX. 

I have sent several letters ( TRACKING XXXX, XXXX ) requesting debt validation and proof of holder in due course from PennyMac Loan Servicing who has failed to reply, update my account to reflect disputed, and continues to attempt this alleged debt by using harassment, obscene and offensive language, and worse threatening me and my family. Below is my third letter. 

Also, this Deed of Trust is voided as law stands that XXXX can not be a beneficiary ( Bain v. Metropolitan Mortgage Group , Inc., 2012 WL 3517326 ( Wash. 2012 ) ). Rather than the lender that issued the note to the borrower/homeowner. Interpreting the meaning of the word " beneficiary '' in state foreclosure statutes, the Washington Supreme Court agreed with other courts that have held that MERS is not actually the beneficiary of the note and thus has no power to. The court also held that the facts might present a violation of the state consumer protection act because MERS misrepresented itself as the beneficiary to the borrower, thus engaging in a deceptive business practice. Whether the statute was violated depended on whether the borrower could show that she was injured by the deceptive statement. 

I have asked twice now, this is my third time for proof that PennyMac id the true owner of the Note or the current holder of the note and not the chain of assignments from the original lender. They have replied with photo copies of a Note that does not support their claim. Also, stated that my legal request is too burdensome. 


XXXX XXXX XXXX XXXX XXXX XXXX California XXXX PENNYMAC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Account Name : Alleged Account Number : XXXX RE : account # XXXX Certified Mail # Date : XX/XX/XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT To Whom It May Concern : Request for Admissions Dear PENNYMAC LOAN SERVICES In regards to your package dated XX/XX/XXXX. You did not answer my requests point by point as required by law. I requested that you provided proof of claim. I am hereby disputing the following facts stated in an administrative notice dated XX/XX/XXXX. 

Paragraph 2 states that I owe PennyMac Loan Servicing, LLC the amount of {$7600.00}. I hereby deny this claim in its entirety.

There is no evidence that PennyMac Loan Servicing is entitled to be named the Beneficiary under this debt. The original lender under the Deed of Trust/Mortgage is XXXX XXXX XXXX XXXX XXXX XXXX XXXX... There is no chain of title naming PennyMac Loan Servicing as the real party of interest or holder of the negotiable instrument. The photocopied paperwork you sent dated XX/XX/XXXX confirms that PennyMac Loan Servicing is not listed on the Deed of Trust. Nor was any evidence provided to support PennyMac Loan Servicing claim. Under the Truth in Lending Act pursuant to 15 USC 1601-1667j ( full disclosure ), I have a right to know who the true party of interest in this transaction is regardless of how burdensome providing this legal right to me the Consumer. As such, I am asking you to stipulate whether you are the holder in due course for my promissory note. If you are not the holder, then you admit to being the servicer of this obligation. 

Please also stipulate whether or not my loan has been securitized, and if so, the name of the REMIC/Trust my loan is bundled with. 

Pursuant of U.C.C. - ARTICLE 3 -3-501 ( b ) 2 ( 1 ), I am entitled to demand presentation of the negotiable instrument. That demand is hereby ordered. I demand that you present for my visual inspection MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE and allonge together with the ORIGINAL WET INK Deed of Trust in XXXX XXXX County. This is required to establish your right of enforcement as Holder in Due Course via a chain of assignment as evidenced by the Note or Allonge. Claiming to be the the holder in due course as a statement is insufficient proof of status and is/will be rejected. A photocopy of the documents is insufficient proof as it does not answer the question of who CURRENTLY is the rightful and lawful holder in Due Course. 

If you are unable to provide this proof as I have requested within 30 days, then you admit to not being a party of interest and can not rightfully enforce your claim under U.C.C. - ARTICLE 3 3-301.

Under Title 12 226.39 ( regulation Z ) part ( a ), a servicer does not have the rights of a holder in due course and therefore, do not have the right to foreclose. You are hereby given notice that any attempt to foreclose on my property will be construed as prima facia evidence that you are committing fraud. 

In a recent case law, it was ruled as follows : It is the creditors responsibility to keep a borrower and the Court informed as to who owns the note and mortgage and is servicing the loan, not the borrowers or the Courts responsibility to ferret out the truth It is worth repeating as a warning to lenders and servicers that the rules of this Court apply to them. Their private agreements and the frenzied trading market for mortgages do not excuse compliance ( In re Nosek, 406 B.R. 434, 440 ( D.Mass 2009 ) ) Under US Code TITLE 15 > CHAPTER 41 > SUBCHAPTER V > 1692g part b ), this debt is now officially in dispute. By law, all collection activities must cease until this matter is resolved. You are hereby given notice. Blatant disregard for this law is subject to fines by the FTC. You are advised to consult legal council on this matter. 

I am giving you formal notice that failure to respond to this letter through a verified and validated proof of claim within 30 days as I have asked for, point for point will be taken as an administrative default. 

Please be advised. A COPY of the said Note nor an Affidavit of Loss or any other forms will not be acceptable. 

Please contact me in writing to arrange for an appropriate point of inspection in XXXX XXXX County, California. 

Litigation is very expensive and should be avoided at all cost. This is my good faith attempt to resolve this matter before I am forced to litigate against your company. I am pleading with you to resolve this matter privately and civilly as to avoid burdening our courts with this matter. If I have to, I will see you in court. This is not an idle threat.

15 U.S. Code 1692g - Validation of debts A copy of the security instrument is not a sufficient proof of claim as per U.C.C. - ARTICLE 3 -3-501 ( b ) 2 ( 1 ). Under this code, I am entitled to have the instrument presented to me as you are required to upkeep the legal document allegedly entrusted to you. 

You stated in paragraph two of your response that per the correspondence sent by PennyMac Loan Services on XX/XX/XXXX, a dispute of the validity of the debt must be received within thirty ( 30 ) days after receipt of said notice, or Pennymac will assume the debt to be valid. As no dispute was received within the specified timeframe, the loan was and continues to be serviced in accordance with the terms of the signed loan documents and the laws of the state in which the property is located. I was unaware that Pennymac ( company ) overrules and outweighs the Federal Laws Federal Debt Collection Practices Act ( FDCPA ) and as stated in your response state law in which the property is located being California. Pursuant unto the FDCPA you are violated and refuse me my rights. According to the FDCPA 15 U.S. Code Chapter 41 - CONSUMER CREDIT PROTECTION Subchapter V : 15 U.S. Code 1692g - Validation of debts ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Under USC Title 18 Chapter 25, you are engaging in counterfeiting and such behavior is a felony. Providing a photocopy of a security instrument is not only unconscionable but is illegal. I had asked for the visual inspection of the original promissory note, not a copy. You did not provide any proof to sufficiently satisfying your claim under U.C.C. - ARTICLE 3 -3-302 that you are a note holder in due course. You did not stipulate whether or not you were the holder in due course. You did not stipulate whether this loan was securitized as required by law.

Therefore, you admit to the following : 1 ) You adm
it that you are a servicer of the promissory note.

2 ) You admit that the loan has been securitized.

3 ) You admit that you are not a real party of interest in this controversy.

4 ) You admit that you are a debt collector and not the original creditor. 

Under the Federal Rules of Civil Procedure Rule 36, you are advised to notify me within 30 days should you wish to contest any of the above allegations with specific proof. Failure to do so means that you fully admit to all allegations as truth. These admissions will be used as evidence against you in any future controversy involving this matter. 

In regard to the above-referenced account in accordance to the Fair Credit Reporting Act 15 USC 1681a 2 ( B ) this account is not included in a consumer report. You have reported this account to my consumer report which is a clear violation of the law. I The Federal trade Commission ( FTC ) more specifically the GrammLeachBliley Act 15 USC 6802 obligations with respect to disclosures of personal information ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information.

( b ) OPT OUT ( 1 ) IN XXXX financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

I recently received copies of my XXXX credit reports and I see you are still reporting on all three major Consumer Reporting Agencies. This is after I, the consumer, gave you PENNYMAC LOAN SERVICER notice that I do not give you permission to report, NO PERMISSIBLE PURPOSE. You did not only fail to disclose to me that I can opt out of having my information reported, you threaten and used obscene language telling me I had no rights under the FCPA and the TILA regarding my right to opt out. I am writing you for the third time to demand and EXERCISE MY FEDERAL RIGHT : I DO NOT GIVE YOU PERMISSION TO REPORT, YOU HAVE NO PERMISSIBLE PURPOSE. If you continue to knowingly damage my reputation I will exercise my legal consumer right to full extent of the Federal Laws. They took their misleading and fraudulent communications further and told me I had no right ( paragraph 3 and 4, page 2 ). Does PennyMac Loan Servicing trump/outweigh/higher than the United Stated Federal Law ? PENNYMAC LOAN SERVICES knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and non-affiliated third parties. PENNYMAC LOAN SERVICES knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option. However, notice was given in writing on XX/XX/XXXX, by me ( Consumer ) that I am exercising my right to nondisclosure to all third parties. This includes all reporting agencies, ay affiliates, business partners or associates, etc. that Pennymac Loan Services has in the past or in future work with or given information to pertaining to any and all aspects of this alleged account and its activities. You do not have my permission. 

Reporting of these account is a violation of 15 USC 1681a, The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; The Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. 

This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. You ( PENNYMAC LOAN SERVICES ) are in violations of several federal laws you have 10 calendar days from the receipt of this letter : I Demand that : 1 ) Any and ALL negative/derogatory remarks, annotations, comments, or the like to be removed off of ALL of my consumer reports immediately AND 2 ) This account be updated to report as Closed. PAID IN FULL. In GOOD STANDING for this account on ALL of my consumer reports immediately.AND 3 ) Clear my title/deed to subject property or 3 ) To delete this account from all credit reporting agencies that you have furnished this information to along with all my Consumer reports that this information is on. 

You are put on notice of the fact of the matter and the continuation of reporting this account after you have been put on notice I will take legal action for willful noncompliance under the civil liability section of the FCRA 15 USC 1681n and the TILA 15 USC 1601.

Should you decide to discriminate against me for future business and or products because I exercise my federal consumer rights under this or any chapter I will be coming after you ( PENNYMAC LOAN SERVICES ) for damages and I will use the contents of this and previous correspondence as proof of such decision.

15 USC 1691 a ( 3 ) ( a ) ACTIVITIES CONSTITUTING DISCRIMINATION It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter. 


RE : Alleged account # XXXX Certified Mail # XX/XX/XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/XXXX, received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested for the third time, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. 
15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. If proper validation of this alleged debt is not provided within 30 calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. 
This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. 
Provide under Rule 1002. Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. 

Furthermore, you shall cease all verbal communication. No phone calls, no text messages, no social media contact, no ringless voicemail contact, no email contact, the only communication must be through the UNITED STATES POST OFFICE, to the Claimant. 
At this time I will also inform you that your offices have been erroneously reporting invalidated information to all of the 3 major Consumer reporting agencies : XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action constitute fraud under both Federal and State Laws. Due to this fact ; any and all negative mark ( s ) found on any of the Claimants consumer reports by your company or the company that you represent. If all negative remarks are not removed and updated to good standing/paid in full, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant consumer reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a consumer reporting repository that could be inaccurate or invalidated. 
If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. 
Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 
XXXX XXXX XXXX : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. 
In conjunction with the above request, upon further investigation I did not receive All MY TRUTH IN LENDING DISCLOSURES. 
Provide me with my truth in lending disclosures 15 usc 1635 ( a ) The information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter. 
The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. 
The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. 
Under 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information You failed to provide me with the Required disclosures to OPT out of having my information reported. The law is very clear and before you reported my information to any nonaffiliated 3rd party ( Consumer Reporting Agencies ) you should have given me the following disclosures and you did not. Provide me with the following ; ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) OPT OUT ( 1 ) IN XXXX XXXXinancial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

Counter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION 15 usc 1692gb and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) All disclosures listed in this this correspondence ( c ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( d ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( e ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, Will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( f ) Voluntarily report this account to all consumer reporting agencies as paid as agreed ; and, ( g ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( h ) The matter regarding the alleged debt is finally and totally settled ; and, ( i ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. 
Furthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first-hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent; and, V ) Three times the alleged claim amount ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence per day, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$570000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) regarding the above referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in an involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.

This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. 
Equality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XXXX day of XXXX, XXXX by, __________________________________ XXXX XXXX, Agent for XXXX XXXX You are the second party that has written a letter purporting to represent, or have as your client, PennyMac. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received. 


CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.

1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 
9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.

10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration XXXXstatement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.

12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. 
13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.

14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.

15. Provide verification from the stated creditor that you are authorized to act for them.

16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341. Disputing the Debt, Dated this _________ day of XXXX, XXXX. 
By : _____________________________________________ XXXX XXXX ( expressly all rights reserved ), Real Party in Interest, Live breathing man. 
State of California ) ) ss. : County of XXXX XXXX ) Subscribed and Affirmed and having been duly sworn to at XXXX ( town/city ) before me____________________________, a Notary Public for the said county and state as above noted, do hereby state that the living man, XXXX XXXX personally appeared before me and signed the foregoing instrument. Witness my hand and official seal this_____day of____________________, XXXX. 
__________________________________________ Notary Public Signature ______________________________________ My Commission Expires [ SEAL ] cc : 1. FILE 2. NATIONAL DEFAULT SERVICING 3. CALIFORNIA DEPARTMENT OF COMMERCE 4. CONSUMER RESPONSE CENTER 5. COUNTY RECORDER

Company response to consumer: Closed with explanation