sample fdcpa "debt validation" letter to loan servicer

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This document may not be accurate. Use at your own risk. © 2015 Attorney Steve Media. December 2, 2014 Bank Deuce Servicing San Francisco, CA Attn: Legal Department Puffery Mortgage Company Los Angles, CA 72203 Attn: Customer Service VIA CERTIFIED MAIL Re: FDCPA debt validation letter. THIS IS A DEMAND LETTER AND YOUR IMMEDIATE RESPONSE IS REQUIRED. FAILURE TO RESPOND COULD AFFECT YOUR LEGAL RIGHTS Borrower(s): XXXXX Property address: XXXXXXX, Tiburon, CA Loan#: #55556667777 DEMAND TO VALIDATE THE DEBT UNDER THE FAIR DEBT COLLECTION PRACTICES ACT (“FDCPA”) All parties listed on the letter are believed to be and/or hold themselves out to be “debt collectors.” Where a loan servicer becomes the loan servicer after the borrower is in default, the loan servicer is a “debt collector” and becomes obligated to comply with the Fair Debt Collection Practices Act in all respects. See Santoro v. CTC Foreclosure Serv. Corp., 12 F. App'x. 476, 480 (9th Cir. 2001); Kee v. R-G Crown Bank, 656 F. Supp. 2d 1348, 1354 (D. Utah 2009) (determining "that a loan servicer . . . is only a 'debt collector' within the meaning of the FDCPA if it acquires the loan after it is in default"). See also Alibrandri v. Fin.

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This is a letter you send to a "debt collector" with this letter geared toward loan servicers who are servicing your mortgage and who obtained the loan servicing rights AFTER you went into default. There is information you can seek that might help you in your foreclosure case.

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This document may not be accurate. Use at your own risk. 2015 Attorney Steve Media.December 2, 2014Bank Deuce ServicingSan Francisco, CAAttn: Legal Department

Puffery Mortgage Company

Los Angles, CA 72203

Attn: Customer Service

VIA CERTIFIED MAIL

Re: FDCPA debt validation letter. THIS IS A DEMAND LETTER AND YOUR IMMEDIATE RESPONSE IS REQUIRED. FAILURE TO RESPOND COULD AFFECT YOUR LEGAL RIGHTSBorrower(s): XXXXXProperty address: XXXXXXX, Tiburon, CA Loan#: #55556667777DEMAND TO VALIDATE THE DEBT UNDER THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

All parties listed on the letter are believed to be and/or hold themselves out to be debt collectors. Where a loan servicer becomes the loan servicer after the borrower is in default, the loan servicer is a debt collector and becomes obligated to comply with the Fair Debt Collection Practices Act in all respects. See Santoro v. CTC Foreclosure Serv. Corp., 12 F. App'x. 476, 480 (9th Cir. 2001); Kee v. R-G Crown Bank, 656 F. Supp. 2d 1348, 1354 (D. Utah 2009) (determining "that a loan servicer . . . is only a 'debt collector' within the meaning of the FDCPA if it acquires the loan after it is in default"). See also Alibrandri v. Fin. Outsourcing Servs., Inc., 333 F.3d 82 (2d Cir. 2003) (holding that a debt was in default and a service provider was a debt collector, by virtue of the service providers collection letter declaring the debt in default and informing the debtor that the service provide was, in fact, a debt collector).

Multiple recent attempts have been made to collect on the alleged debt owed, and no notices or disclosures were believed to have been made to my client regarding having a legal right to dispute the debt and/or receive information about the debt as set forth under the FDCPA. In addition, no notices of transfer of loan ownership (TILA requirement 133(g)) have been provided to my client. As such, we believe PUFFERY LOAN SERVICER is a debt collector and the FDCPA would apply.

Under the FDCPA, after making an initial communication with an alleged debtor (ex. placing collection calls or letters to a borrower), the debt collector is required to provide a WRITTEN NOTICE WITHIN FIVE DAYS OF THE INITIAL COMMUNICATION which provides, among other things:

(a) A itemized breakdown of the debt alleged due (so my client can evaluate reinstatement options)

(b) The name, address, and phone number of the alleged creditor or beneficiary

(c) Notice that the debt collector will obtain and provide verification of the debt if it is disputed within 30 days of the initial communication

(d) Notice that the debt collector will provide the name and address of the creditor or beneficiary, upon request, if the creditor or beneficiary is different from the current creditor. See 15 U.S.C. 1692(g)(a)(1-5) / Section 809.

These items were never provided, and we hereby demand that the alleged debt be validated by competent and reliable evidence and that these items each be provided immediately. Validation of the debt must also include a copy of the fully endorsed note and all assignments of deed of trust that validate who the debt is owed to, and your authority as agent to collect this debt. Obviously if you cannot prove who legally owns a loan, you cannot collect payment for a phantom lender. This would be challenged as fraud, and again, as referenced above a suit for recovery of all payments made to you is hereby reserved.Please provide a neat, legible, and complete copy of each of the foregoing requested items sent certified mail to:XXXXXXXXXXXX620 Newport Center Drive, Suite 1100

Newport Beach, CA

92660

NON-CODED RESPONSES ARE REQUIRED: To the extent any of your responses to this request contain proprietary codes or identifiers, or transaction codes, or other codes that may mean something to you, but which may be unintelligible to the average consumer, you are hereby requested to provide IN PLAIN ENGLISH a definition or explanation that clearly indicates the precise meaning of each transaction code or other proprietary code that may be used. A copy of a borrowers authorization is attached as Exhibit A.I trust you will fulfill your legal obligations in a timely manner as required by law. I look forward to your prompt written response to this request. In the event a proper response is not forthcoming, we will deem your silence or failure to respond in detail as an admission that there is no legal right to foreclose or collect loan payments and we will act accordingly. Any scheduled sale date should be postponed until these important legal rights are complied with.

Very truly yours,

Mr. Serious.Cc: Ms. XXXXXEncl: Borrowers Authorization (Exh. A)PAGE 2