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

• Category: Letters - Legal - Foreclosures
• State: Multi-State
• Control #: US-0510LTR
• Format: Word; Rich Text

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] [Law Firm Name] [Address] [City, State, ZIP] Subject: Failure to Provide Notice of Foreclosure Proceedings [Loan Number] Dear [Foreclosure Attorney's Name], I am writing this letter to bring to your attention a concerning issue regarding the foreclosure proceedings being initiated against my property located in Guam, specifically [insert property address]. According to the Fair Debt Collection Practices Act (FD CPA) and the Guam Fair Debt Collection Practices Act (FG DCA), it is imperative that adequate notice is provided to the debtor prior to initiating any collection or foreclosure actions. Unfortunately, I have not received any prior notice or correspondence regarding these foreclosure proceedings from your law firm, nor from the mortgage service [name of service], as required by both federal and Guam laws. This failure to provide proper notice infringes upon my rights as a debtor and violates the provisions set forth in the FD CPA and FG DCA. I would like to highlight the specific provisions that have been violated in this case: 1. Failure to Provide Initial Communication: Under Section 1692g of the FD CPA, a debt collector is required to send a written notice within five days of the initial communication to notify the debtor of their rights. This includes informing the debtor of the debt amount, the identity of the creditor, and the procedure to dispute the debt. Failure to adhere to this provision, as evident in this situation, constitutes a violation. 2. Lack of Specificity in Notice: According to the FD CPA and FG DCA, the notice sent to the debtor must provide specific information regarding the foreclosure proceedings, including the date, time, and location of the foreclosure sale or any other relevant information. The absence of such details renders the notice inadequate and noncompliant with the law. 3. Failure to Cease Collection Activities: Pursuant to Section 1692g(b) of the FD CPA, if a debtor disputes the debt in writing within 30 days of receiving the initial notice, the debt collector must cease collection activities until the verification of the debt is provided. As there was no initial notice to dispute, this provision has been blatantly disregarded. In light of these violations, I hereby demand that your law firm and the mortgage service immediately cease all foreclosure proceedings until such time that proper notice is provided. Additionally, I insist on receiving written confirmation that all collection activities related to the debt in question be temporarily suspended, as required by law, until the matter is resolved. Please consider this letter a formal complaint. Failure to comply with the applicable laws and rectify this situation within [30 days from the date of this letter] will leave me with no choice but to take legal action, seek damages under the FD CPA and FG DCA, and report this misconduct to the appropriate regulatory authorities. I expect a prompt and appropriate response from your law firm regarding this matter. Please address all future correspondence concerning this issue to the address mentioned above or via email at [your email address]. Thank you for your immediate attention to this matter. I trust that you will fulfill your legal obligations and rectify this situation accordingly. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm Name] [Address] [City, State, ZIP] Subject: Failure to Provide Notice of Foreclosure Proceedings [Loan Number] Dear [Foreclosure Attorney's Name], I am writing this letter to bring to your attention a concerning issue regarding the foreclosure proceedings being initiated against my property located in Guam, specifically [insert property address]. According to the Fair Debt Collection Practices Act (FD CPA) and the Guam Fair Debt Collection Practices Act (FG DCA), it is imperative that adequate notice is provided to the debtor prior to initiating any collection or foreclosure actions. Unfortunately, I have not received any prior notice or correspondence regarding these foreclosure proceedings from your law firm, nor from the mortgage service [name of service], as required by both federal and Guam laws. This failure to provide proper notice infringes upon my rights as a debtor and violates the provisions set forth in the FD CPA and FG DCA. I would like to highlight the specific provisions that have been violated in this case: 1. Failure to Provide Initial Communication: Under Section 1692g of the FD CPA, a debt collector is required to send a written notice within five days of the initial communication to notify the debtor of their rights. This includes informing the debtor of the debt amount, the identity of the creditor, and the procedure to dispute the debt. Failure to adhere to this provision, as evident in this situation, constitutes a violation. 2. Lack of Specificity in Notice: According to the FD CPA and FG DCA, the notice sent to the debtor must provide specific information regarding the foreclosure proceedings, including the date, time, and location of the foreclosure sale or any other relevant information. The absence of such details renders the notice inadequate and noncompliant with the law. 3. Failure to Cease Collection Activities: Pursuant to Section 1692g(b) of the FD CPA, if a debtor disputes the debt in writing within 30 days of receiving the initial notice, the debt collector must cease collection activities until the verification of the debt is provided. As there was no initial notice to dispute, this provision has been blatantly disregarded. In light of these violations, I hereby demand that your law firm and the mortgage service immediately cease all foreclosure proceedings until such time that proper notice is provided. Additionally, I insist on receiving written confirmation that all collection activities related to the debt in question be temporarily suspended, as required by law, until the matter is resolved. Please consider this letter a formal complaint. Failure to comply with the applicable laws and rectify this situation within [30 days from the date of this letter] will leave me with no choice but to take legal action, seek damages under the FD CPA and FG DCA, and report this misconduct to the appropriate regulatory authorities. I expect a prompt and appropriate response from your law firm regarding this matter. Please address all future correspondence concerning this issue to the address mentioned above or via email at [your email address]. Thank you for your immediate attention to this matter. I trust that you will fulfill your legal obligations and rectify this situation accordingly. Yours sincerely, [Your Name]