The first thing you need to know is that there is no obligation to answer the notice if the questions are not related to confirming the balance due, existence, ownership, servicing, and status of the underlying obligation.
I have seen many letters entitled “Qualified Written Request” or “Debt Validation Letter” that read like a discovery request that would be struck down by a judge because it seeks information not covered by the FDCPA and RESPA and is too long. The bottom line is get to the point with your challenge on the basic questions and don’t muddy the waters.
Depending upon what you want to do, the next step would be a complaint filed with the CFPB and State AG. Be aware that the CFPB, under its charter authority has clarified the enforcement of RESPA and FDCPA. It became custom and practice before the clarification by CFPB that Dodd-Frank Act created a de facto federal preemption for enforcement.
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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).
Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.
Filed under: foreclosure |
The summary judgement process is absolutely a farce. Criminally Unconstitutional.
You need to file all your administrative complaints and conduct as much discovery as you can before filing a legal case with the Court becuase Judges will stonewall you from doing any discovery and likely dismiss your case.