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Pro tip: Even if a debt has been charged off, consider contacting the originalcreditor to negotiate a settlement. Since the debt is old and less likely to be paid, the creditor may be willing to accept less than what you owe to consider the matter closed.
Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Write a letter to the originalcreditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill. Foreclosures. Bankruptcy.
In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. in which the Sixth Circuit confirmed its view that foreclosure proceedings are debt collection. Chase Home Fin.
the defendant initiated non-judicial foreclosure proceedings during the consumer’s thirty-day FDCPA validation period. The scheduled sheriff’s foreclosure sale did not take place, and the motion for an injunction was stayed pending verification of the debt. Trott Law, P.C. ,
Finally, the notice must contain “a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the originalcreditor, if different from the current creditor.” 1692g(a)(5). at § 1692g(a)(4), (5). at § 1692g(b). Pollard , 766 F.3d
Debts are often sold, so it may not be the originalcreditor filing the claim. Distressed homeowners who successfully fought foreclosure lawsuits stemming from the 2010 U.S. foreclosure crisis commonly used this defense. Common legal defenses include: 1. Challenging the Right to Sue and Burden of Proof.
July 11, 2014) (denying motion to dismiss FDCPA class action complaint; defendant sent letters to class seeking to collect late fees and threatening foreclosure allegedly in violation of California law); McCarter v. JQD, LLC , 2014 WL 3404945 (N.D. Kovitz Shifrin Nesbit , 2015 WL 74069 (N.D. Weinstein, Pinson & Riley, P.S., _F.3d_,
Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. For more information, click here.
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