Nebraska 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. Subject: Asserting Rights to Proper Notice — Nebraska Sample Letter to Foreclosure Attorney [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Attorney's Firm Name] [Address] [City, State, Zip Code] [Re: Loan/Account Number: XXXXXXXX] Dear [Foreclosure Attorney's Name], I hope this letter finds you in good health and high spirits. I am writing to address a matter of utmost importance regarding the pending foreclosure proceedings on my property. It has come to my attention that there might have been a violation of my rights pertaining to the Fair Debt Collection Practices Act and the failure to provide proper notice of foreclosure, as outlined in the state of Nebraska. First and foremost, I would like to express my concern and emphasize the significance of having received timely and accurate notifications in foreclosure cases. By failing to provide such notice, it raises questions about the integrity of the foreclosure process and potentially violates my rights under applicable state and federal laws. Allow me to provide specific details regarding the potential violation: 1. Failure to Provide Required Notice: As I refer to Nebraska Revised Statute § 76-1002, it states that before commencing a foreclosure, the mortgagee or its assignee must send a written notice of the default to the mortgagor at least 30 days before the initiation of legal action. According to my records, I have not received any such notice, which raises concerns about the legality of the foreclosure proceedings that are currently underway. 2. Violation of Fair Debt Collection Practices Act (FD CPA): The FD CPA is a federal law designed to protect consumers from unfair and abusive debt collection practices. Many provisions of this act require debt collectors to provide certain information to debtors, including details about the debt, rights of the borrower, and the opportunity to dispute the debt. To the best of my knowledge, I have not received any communication from your firm that adheres to these requirements. Consequently, this raises concerns regarding compliance with the FD CPA in my case. I kindly request that you take immediate action to rectify this matter. I expect and demand that you provide me with written documentation of the notice I should have received, ensuring its compliance with the Nebraska Revised Statute § 76-1002 andtheftDCAAA. Additionally, I request the suspension of any further foreclosure proceedings until this matter is resolved satisfactorily. Please note that I am fully aware of my rights as a homeowner and will not hesitate to seek legal recourse to protect them if my concerns are not adequately addressed. It is my sincere hope that we can resolve this matter amicably and promptly. I appreciate your prompt attention to this serious matter. Please provide a comprehensive response within [Timely Response Period — e.g., 15 days] days of receiving this letter. Should you require any additional information or have any questions regarding my concerns, please feel free to contact me at the phone number or email address mentioned above. Thank you for your immediate attention to this matter. I anticipate a prompt resolution. Yours sincerely, [Your Name]

Subject: Asserting Rights to Proper Notice — Nebraska Sample Letter to Foreclosure Attorney [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Attorney's Firm Name] [Address] [City, State, Zip Code] [Re: Loan/Account Number: XXXXXXXX] Dear [Foreclosure Attorney's Name], I hope this letter finds you in good health and high spirits. I am writing to address a matter of utmost importance regarding the pending foreclosure proceedings on my property. It has come to my attention that there might have been a violation of my rights pertaining to the Fair Debt Collection Practices Act and the failure to provide proper notice of foreclosure, as outlined in the state of Nebraska. First and foremost, I would like to express my concern and emphasize the significance of having received timely and accurate notifications in foreclosure cases. By failing to provide such notice, it raises questions about the integrity of the foreclosure process and potentially violates my rights under applicable state and federal laws. Allow me to provide specific details regarding the potential violation: 1. Failure to Provide Required Notice: As I refer to Nebraska Revised Statute § 76-1002, it states that before commencing a foreclosure, the mortgagee or its assignee must send a written notice of the default to the mortgagor at least 30 days before the initiation of legal action. According to my records, I have not received any such notice, which raises concerns about the legality of the foreclosure proceedings that are currently underway. 2. Violation of Fair Debt Collection Practices Act (FD CPA): The FD CPA is a federal law designed to protect consumers from unfair and abusive debt collection practices. Many provisions of this act require debt collectors to provide certain information to debtors, including details about the debt, rights of the borrower, and the opportunity to dispute the debt. To the best of my knowledge, I have not received any communication from your firm that adheres to these requirements. Consequently, this raises concerns regarding compliance with the FD CPA in my case. I kindly request that you take immediate action to rectify this matter. I expect and demand that you provide me with written documentation of the notice I should have received, ensuring its compliance with the Nebraska Revised Statute § 76-1002 andtheftDCAAA. Additionally, I request the suspension of any further foreclosure proceedings until this matter is resolved satisfactorily. Please note that I am fully aware of my rights as a homeowner and will not hesitate to seek legal recourse to protect them if my concerns are not adequately addressed. It is my sincere hope that we can resolve this matter amicably and promptly. I appreciate your prompt attention to this serious matter. Please provide a comprehensive response within [Timely Response Period — e.g., 15 days] days of receiving this letter. Should you require any additional information or have any questions regarding my concerns, please feel free to contact me at the phone number or email address mentioned above. Thank you for your immediate attention to this matter. I anticipate a prompt resolution. Yours sincerely, [Your Name]