• Notice of Intent to File Civil Action pursuant to Code of Civil Procedure
• Notice of Rescission
• Summary of the MATERIAL defects found by the Audit in the loan docs in summary legal form, such as
• Violations of Truth in Lending Act
• Violations of the Real Estate Settlement Procedures Act
• Violations Of Equal Opportunity/ Discrimination
• Breach of Fiduciary Duty [in most states]
• Breach of the Implied Covenant of Good Faith & Fair Dealing
• Violation of other Civil Codes
• Violation of Underwriting Standards [i.e. stated income loans]
• Predatory Lending Indications
• Fraud allegations
• MERS & Securitization
• Standard “Qualified Written Request” or “QWR” language pursuant to 12 U.S.C. § 2601, requiring the lender to respond within 21 business days.

In addition, this legal demand letter will set forth each of the borrower’s demand/remedies as follows:

• That, pursuant to the above regulations, lender shall rescind the loan made by defendants

to secure the property and all security instruments in connection with those loans; and that all costs to acquire those loans plus all interest paid shall be refunded to borrower.

• That defendants will re-secure the property with a new loan at an amount equal to today’s current market value, and with the terms that were originally disclosed, but at a payment not to exceed 28-31% of borrower’s income as should have been done in the first place.

• That lender reimburse plaintiffs for all costs to resolve this issue, including but not limited to attorney’s fees, investigation fees, and out of pocket costs and expenses.

• That lender pay damages in the amount of $________ to borrower for stress, harassment, threats, and public detriment of borrower’s character.

• That pursuant to the requests above, a statutorily timely response to the request for documents and information be provided.

• That Demand is herewith made that all efforts at sale, eviction or foreclosure be stopped immediately as the property is scheduled for eviction or sale.

• That Furthermore, and in accordance with the Fair Credit Reporting Act, while this matter is in dispute, the lender must not report any negative information on this account to the reporting agencies, and that with resolution of this matter, the lender will report the account “paid as agreed” and will remove any derogatory information from their credit report, to include any foreclosure filings.