These are sample letters that are provided free of charge. This is not legal advice. I am not an attorney. If you need something like this you need to get a good attorney.
Make sure you fill them out accurately. Make sure you use Fedex, UPS etc with tracking and signature receipt.
Make sure you make notes of all conversations and correspondence.
This is just the first step.
Letter 1
Your Name and address
Make sure you fill them out accurately. Make sure you use Fedex, UPS etc with tracking and signature receipt.
Make sure you make notes of all conversations and correspondence.
This is just the first step.
Letter 1
Your Name and address
Date: Duh!
Scumbag loan sevice inc
Scumbag address
Subject: Creditor Name Loan No. xxxxxxx | Debt Collection Against Your Name(s) Scumbag |
Dear Account Representative,
We are writing pursuant to your letter to us dated Mar 01, 2011, and to inform you that we are represented by an attorney in relation to the purported debt associated with your purported Loan No. of xxxxx.
Please direct all further inquiries to my attorney:
My pet shark Lawyer
Shark Address
Thank you for your cooperation.
Sincerely,
_____________________
Your Name
_____________________
Your Name
_____________________
Your Name
Your Name
Your Name
Date: Duh!
Scumbag Loan Servicing
Scumbag address
Scumbag address
Subject: Creditor Name Loan No. xxxxxxx | Debt Collection Against Your name Scumbag Loan Servicing for Undisclosed Principal Scumbag Inc |
Dear Account Representative,
I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, to inform you that I dispute the alleged debt associated with Ocwen Loan Servicing, account number xxxxxxxx. I do not believe that I owe the amount alleged by you.
Your letter of xxxxxxxxx addressed to Your Name, was the first time we have heard from you about this alleged debt. First, as is our right under 15 USC 1692g (b), we are requesting that you provide us with the name and address of the original creditor.
As our loan was transferred after its origination into a securitized trust, we are demanding the identity of this securitized trust that purportedly holds our mortgage and note.
Additionally, as Scumbag Loan Servicing is a mortgage servicer, pursuant to 15 U.S.C. 1641(f)(2), and upon the borrowers request, a loan servicer must disclose the identity of the holder of the borrowers obligation
Further under 15 U.S.C. 1692g, I am requesting the following:
- Please explain the nature of the alleged debt – that is, what the money I allegedly owe is for;
- Please provide an accounting explaining how you calculated what you allege that I owe;
- Please provide me with copies of any contracts or documents which form a basis for the alleged debt.
- Please provide me with a complete chain of the assignment of this purported obligation from origination to the current holder who is brining this action.
- Please provide me proof that you (Bonded Collection Corporation) are licensed in Massachusetts to collect debts.
I further request that you take the following actions:
- Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and
- Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt.
Except as specifically outlined herein, I am specifically requesting that you cease all contact with me about the alleged debt, as I am currently represented by an attorney in this matter.
Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my attorney.
Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my attorney.
Sincerely,
_____________________
Your Name
Your Name
_____________________
Your Spouses Name
Your Spouses Name
6 comments:
Hey thanx for the heads up on this. I have a question. I have a loan from Countrywide that is now BofA. I checked the MERS Link and I am on there. It says servicer BofA and Investor is Fannie Mae. I have never been late on my loan and I am currently refinancing for a lower rate with BofA. Just recently my loan has been kicked into high gear and they are sending a BofA rep(who is also a notary)out to my home to close the loan. This is seams odd. What do you think?
Again not a lawyer but I think your Spider senses are correct. There is something wrong as in they probably don't have the original note and the title has been transferred improperly.
This is one of the reasons when the banks foreclose they are the high bidders at the barely advertised auctions. Basically, they are trying to clean the note up. Because you will see the same house for sale a few weeks later for a little less than the bank just paid at their own auction. I wouldn't touch one of those house with a 10 foot pole. because although there is a statute of limitation on fraud it sometimes the clock only starts ticking when the victim becomes aware of the fraud.
From my study of the subject generally any loan taken out between approx. 2003 and 2006 (dates before 2003 will be specific to individual loan companies) is highly suspect. Paperwork shipped to India, deliberately shredded, improper transfers via MERs and lost in company implosions. With BOA I would suspect they may have inherited the loan from Countrywide. Big flag right there.
Where all this ends up is anyone's guess. If they throw people in jail for fraud it's an admission that 50% of the loans out there are in dispute.
If they try to sweep it under the rug, as they have been doing, they can keep the game going for a little while longer. If they crash the dollar or devalue it overnight then all commodities (basically anything physical) becomes worth more against a dollar. This is one of the few times debtors win over the banks.
If they suspend the rule of law, as they have been doing, they can extend and pretend a little longer.
Right now they are in a hope and pray position.
However, I very much doubt anything but a relative handful of people will walk away with a free house. Also, keep in mind rates have no where to go but up over the long term. So far the govt is on the side of the banks and to hell with the individual and rule of law.
Weigh up the pros and cons here. Can you and your family take the emotional trauma associated with a fight with the bank? Assuming 10% erosion in house prices this year and next are you still above water. Do you have any intentions of moving in the next 5 years?
Other options to consider ... there are govt. backed loans out there with low interest rates that you can apply for up to 50k. This keeps your title open to dispute.
A home equity line of credit may also serve your purposes as well.
Also see my post here to help evaluate your house as an investment.
http://screwtapefiles.blogspot.com/2011/02/real-estate.html
Let me know if I can help further or if I haven't been clear. It's a deep subject with a lot of scam artists. Most Lawyers are clueless on this stuff.
Seriously very helpful, got what i was looking for!thanks a lot for sharing these samples with me!@bose
Letters
You are welcome. Pass it along to everyone.
nice info thanks...
Perfect info bro! Best attractive article, so sweet of you.
Sample Letters
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