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Colorado Sample Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice

State:
Multi-State
Control #:
US-0510LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Attorney's Firm Name] [Attorney's Firm Address] [City, State, ZIP] Subject: [Account Number]: Request for Notice of Foreclosure and Fair Debt Collection Dear [Foreclosure Attorney's Name], I am writing to address a serious concern regarding the foreclosure proceedings associated with my property at [Property Address], in accordance with Colorado state laws. As the debtor in this matter, it has come to my attention that the required notices essential for fair debt collection and foreclosure proceedings have not been provided by your firm. I am gravely concerned about this oversight, as the failure to provide these notices is not only a violation of my consumer rights but also a breach of the Colorado Revised Statutes governing foreclosure. The purpose of this letter is to formally request that [Attorney's Firm Name] immediately rectify this issue and provide me with the necessary notice as required by law. [If applicable, briefly describe any previous attempts made to contact the attorney or firm and the lack of response received.] Specifically, I ask that the following documents be promptly provided to me: 1. Notice of Delinquency: This notice is designed to inform me of the default status of my mortgage loan and the amount of outstanding debt. It must also include a description of the actions required to cure the default and avoid foreclosure. 2. Notice of Intent to Foreclose: As per Colorado law, a notice of intent to foreclose must be sent at least 30 days before any foreclosure action takes place. It must outline crucial details related to the foreclosure process, including the foreclosure sale date, the amount due, and the right to cure the default within that 30-day period. 3. Notice of Right to Cure: This notice should provide me with comprehensive information on my rights as a borrower, specifically emphasizing my ability to rectify the default by making payment in full or establishing a mutually agreeable repayment plan. It should include the contact information of the lender or loan service for initiating the resolution process. 4. Notice of Election and Demand: Once the right to cure period has elapsed, a notice of election and demand should be sent, stating that the lender has elected to accelerate the debt, demanding the entire outstanding balance be paid in full. Additionally, this notice should provide the date foreclosure proceedings will commence unless the default is remedied. Please ensure that all notices are provided in writing and delivered to me well within the necessary timeframes stipulated by Colorado law. I emphasize the importance of compliance with these legal requirements to avoid any potential legal repercussions and to ensure a fair and transparent resolution to this matter. Failing to fulfill these obligations promptly would indicate a failure to comply with the Fair Debt Collection Practices Act (FD CPA) and the Colorado Consumer Protection Act (CCPA), both of which protect me as a debtor and impose strict obligations on debt collectors and attorneys. To ensure a smooth resolution, I kindly request that you acknowledge receipt of this letter within 5 business days and provide a written confirmation detailing the steps you will take to rectify the situation. Failure to respond or validate this debt within the given timeframe will result in me taking appropriate legal action to protect my rights. Thank you for your prompt attention to this matter. I eagerly anticipate a swift resolution that complies with the necessary legal requirements and protects my consumer rights. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Attorney's Firm Name] [Attorney's Firm Address] [City, State, ZIP] Subject: [Account Number]: Request for Notice of Foreclosure and Fair Debt Collection Dear [Foreclosure Attorney's Name], I am writing to address a serious concern regarding the foreclosure proceedings associated with my property at [Property Address], in accordance with Colorado state laws. As the debtor in this matter, it has come to my attention that the required notices essential for fair debt collection and foreclosure proceedings have not been provided by your firm. I am gravely concerned about this oversight, as the failure to provide these notices is not only a violation of my consumer rights but also a breach of the Colorado Revised Statutes governing foreclosure. The purpose of this letter is to formally request that [Attorney's Firm Name] immediately rectify this issue and provide me with the necessary notice as required by law. [If applicable, briefly describe any previous attempts made to contact the attorney or firm and the lack of response received.] Specifically, I ask that the following documents be promptly provided to me: 1. Notice of Delinquency: This notice is designed to inform me of the default status of my mortgage loan and the amount of outstanding debt. It must also include a description of the actions required to cure the default and avoid foreclosure. 2. Notice of Intent to Foreclose: As per Colorado law, a notice of intent to foreclose must be sent at least 30 days before any foreclosure action takes place. It must outline crucial details related to the foreclosure process, including the foreclosure sale date, the amount due, and the right to cure the default within that 30-day period. 3. Notice of Right to Cure: This notice should provide me with comprehensive information on my rights as a borrower, specifically emphasizing my ability to rectify the default by making payment in full or establishing a mutually agreeable repayment plan. It should include the contact information of the lender or loan service for initiating the resolution process. 4. Notice of Election and Demand: Once the right to cure period has elapsed, a notice of election and demand should be sent, stating that the lender has elected to accelerate the debt, demanding the entire outstanding balance be paid in full. Additionally, this notice should provide the date foreclosure proceedings will commence unless the default is remedied. Please ensure that all notices are provided in writing and delivered to me well within the necessary timeframes stipulated by Colorado law. I emphasize the importance of compliance with these legal requirements to avoid any potential legal repercussions and to ensure a fair and transparent resolution to this matter. Failing to fulfill these obligations promptly would indicate a failure to comply with the Fair Debt Collection Practices Act (FD CPA) and the Colorado Consumer Protection Act (CCPA), both of which protect me as a debtor and impose strict obligations on debt collectors and attorneys. To ensure a smooth resolution, I kindly request that you acknowledge receipt of this letter within 5 business days and provide a written confirmation detailing the steps you will take to rectify the situation. Failure to respond or validate this debt within the given timeframe will result in me taking appropriate legal action to protect my rights. Thank you for your prompt attention to this matter. I eagerly anticipate a swift resolution that complies with the necessary legal requirements and protects my consumer rights. Yours sincerely, [Your Name]

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Colorado Sample Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice