Information Gathering & Discovery
Timeline: Weeks 1-2
Force disclosure of evidence, create a paper trail, and establish the foundation for any legal challenge. These documents trigger statutory protections and response requirements.
Before you can challenge anything, you need information. These templates compel disclosure of documents the other party may not want to produce. Their response (or failure to respond) becomes evidence.
Phase 1 Templates
Comprehensive information demand for mortgage servicers. Forces disclosure of loan history, ownership, assignments, and securitization. Creates 60-day credit reporting protection.
Disputes alleged debt and demands proof. Stops all collection activity until validated. Creates $1,000+ violation penalties if they continue without validating.
Freedom of Information Act requests to Federal Reserve, OCC, FDIC, SEC, CFPB, and other agencies. May reveal monetization of your promissory note.
Demands production of the wet-ink original promissory note. Exposes whether they actually have the original or if it's been "lost."
Demands complete transfer history of note and mortgage. Exposes broken chains, robo-signing, and MERS issues.
Obtains all government records about you. May reveal SARs (Suspicious Activity Reports), unknown accounts, or surveillance.
How to Use Phase 1
- Send all applicable templates simultaneously — Cast a wide net for information
- Use certified mail — Return receipt requested for each
- Keep meticulous records — Date sent, tracking number, response deadline
- Document non-responses — Their silence is evidence
- Analyze responses carefully — Look for admissions, gaps, and inconsistencies
The Debt Validation Letter must be sent within 30 days of the collector's first contact to trigger full FDCPA protection. Don't delay on this one.
What You're Looking For
- Breaks in the chain of title (assignments not properly executed)
- Missing original note (they may only have copies)
- Robo-signed documents (fraudulent signatures)
- MERS issues (electronic system problems)
- Securitization defects (PSA violations)
- Evidence of monetization (your note deposited as asset)
- RESPA violations (failure to respond to QWR)
- FDCPA violations (continued collection without validation)
- Admission by silence (failure to deny = admission)
- Evidence of inability to prove their claim
Next Phase
After gathering information (or documenting their failure to provide it), proceed to Phase 2: Affidavits & Legal Notices to establish facts and notify of violations.