South Carolina 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] [Date] [Foreclosure Attorney's Name] [Foreclosure Attorney's Firm] [Address] [City, State, ZIP] Subject: Notice of Failure to Provide Fair Debt Collection Notice — [Property Address] Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing to you regarding the foreclosure proceedings initiated by your firm on [property address]. I recently received a Notice of Intent to Foreclose, but I believe there has been a failure to provide a Fair Debt Collection Notice as required by the Fair Debt Collection Practices Act (FD CPA) and South Carolina state law. Upon reviewing the documents sent by your firm, specifically the Notice of Intent to Foreclose, I could not locate any reference to the necessary Fair Debt Collection Notice. It is my understanding that this omission may be a violation of my rights as a debtor and could render the foreclosure proceedings invalid. As you are well aware, the FD CPA states that debt collectors must provide debtors with written notice that includes information such as the amount of the debt, the name of the creditor, and their right to dispute the debt. Moreover, the South Carolina Code of Laws, specifically Section XX-XX-XX, mandates that foreclosure attorneys must provide a clear and conspicuous Fair Debt Collection Notice to protect the debtor's rights. I request that you promptly rectify this omission by providing me with the required Fair Debt Collection Notice as per the FD CPA and South Carolina state law. It is crucial for me to have this information in order to fully understand my rights and obligations as a debtor. Additionally, please be advised that I am exercising my right under the FD CPA to request the name of the original creditor and a verification of the debt amount. I kindly ask that you provide this information within the time frame of 30 days, as stipulated by the FD CPA. Please consider this letter as a formal dispute of the debt until such time as the required Fair Debt Collection Notice is properly provided. Failure to comply with these legal requirements may result in potential legal consequences for your firm. I kindly request that you acknowledge receipt of this letter in writing and provide a timeline for when I can expect the required Fair Debt Collection Notice and the requested debt verification. Thank you for your attention to this matter. I anticipate your prompt response and cooperation to ensure a fair and lawful resolution of this foreclosure case. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Date] [Foreclosure Attorney's Name] [Foreclosure Attorney's Firm] [Address] [City, State, ZIP] Subject: Notice of Failure to Provide Fair Debt Collection Notice — [Property Address] Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing to you regarding the foreclosure proceedings initiated by your firm on [property address]. I recently received a Notice of Intent to Foreclose, but I believe there has been a failure to provide a Fair Debt Collection Notice as required by the Fair Debt Collection Practices Act (FD CPA) and South Carolina state law. Upon reviewing the documents sent by your firm, specifically the Notice of Intent to Foreclose, I could not locate any reference to the necessary Fair Debt Collection Notice. It is my understanding that this omission may be a violation of my rights as a debtor and could render the foreclosure proceedings invalid. As you are well aware, the FD CPA states that debt collectors must provide debtors with written notice that includes information such as the amount of the debt, the name of the creditor, and their right to dispute the debt. Moreover, the South Carolina Code of Laws, specifically Section XX-XX-XX, mandates that foreclosure attorneys must provide a clear and conspicuous Fair Debt Collection Notice to protect the debtor's rights. I request that you promptly rectify this omission by providing me with the required Fair Debt Collection Notice as per the FD CPA and South Carolina state law. It is crucial for me to have this information in order to fully understand my rights and obligations as a debtor. Additionally, please be advised that I am exercising my right under the FD CPA to request the name of the original creditor and a verification of the debt amount. I kindly ask that you provide this information within the time frame of 30 days, as stipulated by the FD CPA. Please consider this letter as a formal dispute of the debt until such time as the required Fair Debt Collection Notice is properly provided. Failure to comply with these legal requirements may result in potential legal consequences for your firm. I kindly request that you acknowledge receipt of this letter in writing and provide a timeline for when I can expect the required Fair Debt Collection Notice and the requested debt verification. Thank you for your attention to this matter. I anticipate your prompt response and cooperation to ensure a fair and lawful resolution of this foreclosure case. Sincerely, [Your Name]