Notice of Adequate Assurance of Due Performance
To: (insert the name of the Lender here), hereinafter “Lender”
From: John-Henry of the Doe Family, Principal Creditor for MR JOHN HENRY DOE TM, hereinafter “Borrower” c/o (insert your address here) [post code within a box like this] Date:
(insert date here)
RE: Loan number: (insert the loan number here)
Dear officers and/or agents for Lender,
It has come to the attention of the alleged Borrower, after much research, that there is reason to believe that the alleged Lender is not the Holder in Due Course of the Borrowers promissory note and/or may have breached the agreement concerning the above-referenced, alleged loan or loan of credit. I now request information from you regarding the details of what the entire agreement is, and if you performed according to the agreement.
Since the Borrower created value in the form of a promissory note/agreement to the Lender to perform according to the loan agreement, the Borrower is now hereby requesting Adequate Assurance of Due Performance that the Lender has performed according to the loan agreement and that the original lender used their own money to purchase the Borrowers promissory note as money or like money to fund the cheque or similar instrument that the Lender then lent to the Borrower – and that the Lender has followed GAAP, generally accepted accounting principles and generally accepted auditing standards concerning this loan.
The Borrower is hereby requesting that an authorised officer or agent of the Lender answer the following questions, then sign and return the attached Affidavit within 30 days of the date of this notice.
This validation letter is the Borrowers good faith attempt to settle this matter and clear up any confusion about the terms of the agreement prior to an Administrative process on the matter.
1. Is it true that the Lender follows GAAP (generally accepted accounting principles)? Please respond with Yes or No in writing.
2. Was full disclosure given regarding if the Borrower was to provide the funding for the loan per bookkeeping entries? Please respond with Yes or No in writing.
3. Does the Lender accept something of value from the Borrower that is recorded as an asset on the books of the Lender resulting in a new liability on the books of a financial institution? Please respond with Yes or No in writing.
4. Did the Lender lend the Borrower the Lender’s money? Please respond with Yes or No in writing.
5. Is it the intent of the loan agreement that the party who funded the loan, per the bookkeeping entries is to be repaid the money lent to borrowers? Please respond with Yes or No in writing.
6. Does the Lender record an asset showing that the Borrower owes money to the Lender involved in the alleged loan? Please respond with Yes or No in writing.
7. Did the Lender follow the Reserve Bank’s policies and procedures in the account transactions? Please respond with Yes or No in writing.
8. Is it true that, according to the bookkeeping entries, the Borrower funds the loan? Please respond with Yes or No in writing.
9. Is it true that according to the bookkeeping entries, of the Lender, the Borrower is the lender of the principal amount? Please respond with Yes or No in writing.
10. Is it true that, according to the agreement, you received permission from the Borrower to deny the Borrower equal protection under the loan agreement? Please respond with Yes or No in writing.
11. Is it true that the Lender violated GAAP (generally accepted accounting principles) thus making the agreement null and void? Please respond with Yes or No in writing.
12. Is it true that the Lender converted the promissory note/agreement by using it as value to give value to a cheque or similar instrument as proven by the bookkeeping entries, thus proving that the Borrower funded the loan and proving that the Lender used false statements that the Lender funded the loan? Please respond with Yes or No in writing.
This Notice in no way constitutes repudiation in any form by the Borrower. However, if it cannot be shown or proved beyond reasonable doubt that you have not breached the agreement or loaned the principal amount out of your own funds (not the value/money created by the promissory note) then the following is requested within thirty (30) days: a. Any outstanding amount of the alleged loan is to be balanced and returned to zero. b statement showing the discharge of the alleged debt showing zero balance. c. A guarantee that no report of delinquency or bad credit shall be given to any credit reporting agencies.
Failure to respond within 30 days will be deemed a dishonor of this Notice. Dishonor can result in reporting to the state Attorney General of the Fair Debt Collections Practices Act.