So for those who report to me that they have already sent a QWR, DVL or demand letter, let me say that unless you are an experienced litigator who has received the latest education in connection with the preparation of such letters, you should seek and obtain advice and assistance from a licensed professional.
Here, for example, is the partial agenda for a seminar produced by Rossdale CLE Seminars for lawyers around the country. I am not attending because I need the credits. I am attending for the same reason that doctors go to medical conventions and seminars. The law is constantly changing and the specific requirements of various types of notice and correspondence are also changing. So after 47 years of litigation experience, I am attending because I need to know about those changes and those requirements.
Key Agenda Points View Complete Agenda
Writing a demand letter seems simple to laymen and unfortunately, some lawyers who are not litigators. But there is an example of a CLE seminar I am taking after 47 years of litigation experience.
Yes, you can do it yourself. But if you actually want it done right, you should ask someone to do it for you because they have prior experience, education, and licensing.
And yes, it is my opinion that all homeowners should contest every piece of correspondence and every notice sent or served upon them by anyone asserting the right to administer, collect or enforce any unpaid loan account allegedly due from the homeowner. No such unpaid loan account exists.
In litigation, homeowners consistently lose, and lawyers representing them consistently lose, mainly because they fail to litigate the issue of whether a payment history is the same as an unpaid loan account. It is not. There is not a single accountant in the world who would say otherwise.
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