BANK OF AMERICA’S
ADMINISTRATIVE NOTICE OF CONDITIONAL ACCEPTANCE UPON PROOF OF
CLAIM / REQUEST FOR VALIDATION OF DEBT
Notice of Dispute of Validity of Alleged Debt.
Notice to Cease and Desist until information requested is provided.
Notice of Rejection of Arbitration and Reservation of Rights.
Notice Not to Call Alleged Debtor Per 15 U.S.C, § 1692 et seq,
Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent, in
public and private capacities applicable to all Principals, Successors and/or
SILENCE IS ACQUIESCENCE.
Alleged Debtor may, if necessary, employ this Notice and the accompanying
Bank of America Validation of Debt and Disclosure Statement in any court of
competent jurisdiction if Bank of America does not comply with the Administrative
Process of Conditional Acceptance upon Proof of Claim.
VIA CERTIFIED MAIL - RETURN RECEIPT 7009 0080 0002 2141 9328
July 6, 2009
Alleged "Borrower”/"Debtor": Notary Acceptor for Alleged Debtor:
Patricia Howell Robert Belk, NOTARY PUBLIC
202 Lindseybrook Trail 203 West Butler Road Suite B
Mauldin, South Carolina 29662 Mauldin, South Carolina 29662
Ken Lewis – CEO
Bank of America
100 North Tryon Street
Mail Code NC1-007-18-01
Charlotte, North Carolina 28255
Re: Loan Number 2000344659
I am assuming that you have a working knowledge of the Federal Reserve Banking
System, banking laws, and the Federal Reserve Banking System's publications on how
loans are generated (if you do not have the requisite knowledge, forward this document
forthwith to the appropriate person that possess such knowledge and can answer,
based on personal or firsthand knowledge, the questions on the enclosed Disclosure
The alleged “Borrower/Debtor” will not respond to or acknowledge anyone
purporting to represent Bank of America or its client (attorney, law firm or other
agent) without Bank of America first providing a certified copy of a contract or
agreement establishing representation and agency. Furthermore, in order to
protect the integrity of public records the alleged “Borrower/Debtor” will
ONLY accept correspondence at the Notary Acceptor’s address listed below.
Any, and all, correspondence to any other address will be certified by the Notary as
a non-response by the Notary. Please mail ALL responses and correspondences to;
C/o Robert Belk NOTARY PUBLIC
203 West Butler Road Suite B
Mauldin, SC 29662
The Fair Debt Collections Practices Act ("FDCPA"), as codified at 15 U.S.C. §
1692, et seq., stipulates that Bank of America MUST, when requested, provide a
verification1 of an alleged debt. The accompanying Disclosure Statement along with
this letter constitutes the request for validation of the alleged debt and a verification
of the record regarding the alleged debt, and must be completed in accordance with
15 USC §1692(g), applicable portions of Truth in Lending (Regulation Z), 12 CFR
226, and the applicable portions of Uniform Commercial Code, and it demands an
Offer of Performance.
"A copy of the consumer credit contract is not sufficient to validate the debt.
Validation requires presentment of the account and general ledger statement signed
and dated by the party responsible for maintaining the account Pacific Concrete
F.C.U, v, Kauanoe, 62 Haw. 334, 614 P.2d 936 (1980); GE Cap/fa/ Hawaii, Inc. v.
Yonenaka, 25 P.3d 807, 96 Hawaii 32 (Hawaii App 2001); Fooks v. Norwich
Housing Authority, 28 Conn. L. Rptr. 371, (Conn. Super.2000); Town of
Brookfieid v. Candlewood Shores Estates, Inc., 513 A.2d 1218, 201 Conn. 1
(1986); and Solaon v. Godbole, 163 III. App. 3d 845, 114 III. Dec. 890, 515 N.E. 2d
1045 (3rd Dist 1987).
Bank of America is herein notified of its lawful duty, pursuant to 15 U.S.C. § 1692(g),
to cease and desist from any further efforts at collection of this alleged debt
(including the selling or reassignment to another collection entity) until such time as
Bank of America has supplied verification that the alleged “Borrower/Debtor” alleged
debt is valid and free from any claims and defenses.
PLEASE TAKE NOTICE: The alleged “Borrower/Debtor” appearance by de bene
esse also comes under the law of claims and contracts and the law of commercial
duty, both internationally, nationally, as well as intrastate. It is a peaceful, civil
"VERIFY" in Webster s New World Dictionary, 1968: "To prove to be true by evidence ... in law, to affirm formally or upon oath."
In Blacks Law Dictionary, 7th Edition (1999): "A formal declaration made in the presence of an authorized officer, such as a
notary public, by which one swears to the truth of the statements in the document. ..." And in H.A.M.S. Company v, Electric
Contractors of Alaska, Inc., 563 Pacific Reporter 258, 260 (1977): "It is established law that a verification is a sworn statement of
the truth of the facts stated in the instrument which is verified." Accordingly, in the instant matter, the Debt Collector must swear or
affirm under the penalty of perjury true, correct, and complete that an exchange of valuable consideration has occurred that allows
for the demand for the "Borrower's" alleged obligation to current creditor.
approach to attempt in good faith to negotiate a settlement with Bank of America on
any dispute that there may be as it relates to Bank of America's demands and
requirements as proclaimed by Bank of America as they allegedly might pertain to the
alleged “Borrower/Debtor” as an individual proclaimed to be obligated to pay the
alleged debt on the account of the above Loan Number. A duty under commercial law
exists to review them and to timely respond. This proceeding constitutes a claim, not a
complaint. The alleged “Borrower/Debtor” is attempting to negotiate a private
settlement with Bank of America under the international laws of commerce, the Law of
Nations, and civil, administrative contract law.
As of this date, the alleged “Borrower/Debtor” has not been served with, or duly
notified of "alleged" Debtor's right to "opt-out” of any future arbitration as regarding this
matter. Further, the alleged “Borrower/Debtor” has never knowingly agreed to be
bound to any arbitration proceedings as concerns this matter. Therefore, this is the
alleged “Borrower/Debtor” written notice of rejection to any/all alleged existing or future
offers or claims of arbitration provisions and/or agreements and a full reservation of all
the alleged “Borrower” and alleged “Debtor's” rights.
Please be advised that the alleged “Borrower/Debtor” is not refusing to pay, but needs
the information requested herein before the alleged “Borrower/Debtor” can make any
offer to settle this account. The alleged “Borrower/Debtor” would like to settle the
account as soon as possible and the alleged “Borrower/Debtor” may have a counter
claim to set-off the disputed balance. Bank of America is directed to answer the
questions listed on the annexed Disclosure Statement relating to the account and
RETURN THE ANNEXED DISCLOSURE STATEMENT along with the requested
documentation to the Notary Acceptor’s address listed in this document.
PLEASE TAKE NOTICE: Bank of America is afforded 30 days time to respond to this
notice. Annexed herewith is the Disclosure Statement for Bank of America to provide
lawful verification of the alleged debt. If Bank of America fails to respond via the
Disclosure Statement to provide verification of the alleged debt, it will be concluded that
Bank of America's response was sent in error and Estoppel by Acquiescence will apply
Bank of America's failure, both intentional and/or otherwise, in completing/answering
fully, truthfully, and completely questions and requests for documentation in the
annexed Disclosure Statement and returning the Disclosure Statement, as well as
providing the alleged “Borrower/Debtor”, with the requisite verification documentation
validating the hereinabove-referenced alleged debt, within 30 days of its receipt,
constitutes Bank of America's tacit agreement that Bank of America has no verifiable,
lawful, bona fide claim regarding the hereinabove-referenced alleged account, and that
Bank of America tacitly agrees that Bank of America waives all claims against the
alleged Debtor/"Borrower" and indemnifies and holds the alleged “Borrower/Debtor”
harmless against any and all costs and fees heretofore and hereafter incurred and
related regarding any and all future collection attempts/actions involving the
hereinabove-referenced alleged account.
Bank of America must timely complete and return the Disclosure Statement, along with
all requested documents referenced in said Disclosure Statement. Bank of America's
claim will not be considered if any portion of the Disclosure Statement is not
completed and timely returned with all required documents, which specifically
includes the requisite verification, made in accordance with the applicable portions of
Truth in Lending (Regulation Z), 12 CFR 226, the applicable portions of Uniform
Commercial Code, and codified in the FDCPA at 15 DSC §1692 et seq., which states in
relevant part: "A Bank of America may not use any false, deceptive, or misleading
representation or means in connection with the collection of any debt," which includes
"the false representation of the character, or legal status of any debt," and "the threat to
take any action that cannot legally be taken," all of which are violations of law. If Bank of
America does not respond as required by the aforementioned laws, Bank of America's
claim will not be considered and Bank of America may be liable for damages for any
continued collection efforts, as well as any other injury sustained by the alleged
UNDER THE LAWS AFOREMENTIONED HEREIN AND THE LAWS GOVERNING
PROMISSORY NOTES AND SECURITY INSTRUMENTS (UNIFORM COMMERCIAL CODE),
BANK OF AMERICA'S FAILURE TO PROVIDE THE ABOVE-VERIFIED DOCUMENTATION
AND ANSWERS, UNDER ITS FULL COMMERCIAL LIABILITY, WITHIN 30 DAYS OF
RECEIPT OF THIS DOCUMENT, BANK OF AMERICA'S SILENCE OR FAILURE TO FULLY
ANSWER WILL CONSTITUTE BANK OF AMERICA'S AGREEMENT THAT NO SUCH
EVIDENCE OF DEBT OR OBLIGATION EXISTS AND BANK OF AMERICA'S AGREEMENT
TO CEASE AND DESIST FROM ANY FURTHER COLLECTION ACTIVITY ON SAID LOAN.
Timeliness is not waived, however, if Bank of America needs additional time, such
additional time must be requested in writing and mailed to the Notary Acceptor at the
address listed in this document before the expiration thereof and the reasons as to why
an extension of time is requested with good cause shown.
NO CONTACT WITH alleged “Borrower/Debtor”: The alleged “Borrower/Debtor” per
FDCPA, is not to be contacted by Bank of America via telephone for any reason during
the validation of the debt process and any subsequent judicial action regarding the
same matter, if any. All communications from Bank of America or its client during this
process are to be forwarded to the Notary Acceptor noted herein above. All
communications from Bank of America or its client are to be signed by a living soul and
sworn to or affirmed to under the penalty of perjury.
This Notice, the Disclosure Statement, and all communications and omissions
may be made part of and incorporated into any litigation, current or future, arising
from this matter if Bank of America does not comply with this Administrative
Process of Conditional Acceptance Upon Proof of Claim.
If you are not the proper party to attest to the facts of this matter, please forward this
notice to the proper party and then inform the alleged “Borrower/Debtor” in writing at
the Notary Acceptor’s address, in writing, of whom you are forwarding it to. In the
absence of any receipt of such a notice, it will be concluded that you agree that you are
the proper party to attend to this matter.
Yours with appreciation,