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C)

Comptroller of the Currency


Administrator of National Banks

March 22, 2011

Re: Case# 01290026


U.S. BANK NATIONAL ASSOCIATION

Dear Mr. Sallie:

The Office of the Comptroller of the Currency (OCC) is responding to your letter regarding the
above-mentioned bank. The focus of the OCC' s review of consumer complaints against national
banks is to determine whether the banks' actions are consistent with banking statutes, regulations
or any policies that are applicable to nationally chartered banking institutions.

U.S. Bank advised that they serve as successor trustee on your mortgage which is held in a
securitization trust for Merrill Lynch Mortgage Investors (MLMI) Trust, Asset-Backed
Certificates, Series 2002-AFC 1. U.S. Bank, as trustee has no authority regarding the servicing of
your mortgage note as all actions are taken by the servicer of the loan.

As the trustee, U.S. Bank's role is very limited as they do not in any way supervise, monitor,
oversee, or have authority over how an individual loan is serviced, and in fact is legally
prevented from doing so. A trustee has no role in negotiating loan modifications or handling
issues related to individual loans. .

Your complaint indicates that U.S. Bank has not responded to your Qualified Written Request
(QWR) and Notice of Rescission. Based on the information noted in the previous paragraph,
your concerns need to be addressed with Select Portfolio Servicing, Inc. (SPS), the respective
Servicer for your mortgage loan.

The Customer Assistance Group's consumer complaint process is a service that is provided to customers of national
banks. Information provided within this letter is specifically related to an individual consumer complaint and should
not be construed as either a legal opinion of the oee or a supervisory action. If you are not satisfied with resolution
of your complaint, you may wish to consult legal counsel so as to preserve your rights.

Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, Texas 77010-9050
Phone: (800) 613-6743, FAX: (713) 336-4301
Internet Address: www.HelpWithMyBank.gov
-

RESPA

For purposes of the Real Estate Settlement Procedure Act (RESPA) provisions regarding
qualified written requests (QWRs), the term "servicing" means:

The term "servicing" means receiving any scheduled periodic payments from a borrower
pursuant to the terms of any loan, including amounts for escrow accounts described in section
2609 of this title, and making the payments of principal and interest and such other payments
with respect to the amounts received from the borrower as may be required pursuant to the terms
of the loan.

12 USC 2605(i)(3). A servicer is responsible for the "servicing of a loan (including the person
who makes or holds a loan if such person also services the loan)." 12 USC 2605(i)(2).

A QWR is defined as written correspondence that identifies the account of the borrower and
includes "a statement of the reasonsfor the borrower's belief of.the borrower that the account is
in error or provides sufficient detail to the servicer regarding other information sought by the
borrower." A servicer is charged with acknowledging the QWR within 20 days. 12 USC
2605(1 )(B). Within 60 days, the servicer must make necessary corrections to the account,
explain that the account is accurate, provide the information requested, or explain why the
information the information requested is unavailable or cannot be obtained by the servicer. 12
USC 2605(e)(2).

Select Portfolio Servicing does not fall under the jurisdiction of our office. We recommend that
you contact the appropriate government agencies in regards to any remaining issues you may
have with SPS, which are the Federal Trade Commission (FTC) and the New York Department
of Banking. Their contact information is noted below:

The Federal Trade Commission's phone number is 1(877) 382-4357. Their Internet address is
www.ftc.gov. Their address is as follows.

Federal Trade Commission


Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580

The State of New York State Banking Department's phone number is (212) 709-1673. Their
website is www.banking.state.ny.us. Their address is as follows:

New York State Banking Department


s" Floor
The Customer Assistance Group's consumer complaint process is a service that is provided to customers of national
banks. Information provided within this letter is specifically related to an individual consumer complaint and should
not be construed as either a legal opinion of the acc or a supervisory action. If you are not satisfied with resolution
of your complaint, you may wish to consult legal counsel so as to preserve your rights.

Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, Texas 77010-9050
Phone: (800) 613-6743, FAX: (713) 336-4301
Internet Address: www.HelpWithMyBank.gov

'-'-'- . ~- ._-- ------


One State Street
New York, NY 10004-1417

We regret we are unable to assist you regarding these issues. Please direct all future
correspondence regarding these concerns to the above-noted offices.

Sincerely,

The Customer Assistance Group's consumer complaint process is a service that is provided to customers of national
banks. Information provided within this letter is specifically related to an individual consumer complaint and should
not be construed as either a legal opinion of the acc or a supervisory action. If you are not satisfied with resolution
of your complaint, you may wish to consult legal counsel so as to preserve your rights.

Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, Texas 77010-9050
Phone: (800) 613-6743, FAX: (713) 336-4301
Internet Address: www.HelpWithMyBank.gov

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