Subject: Challenging Foreclosure — Demand for NoticCompliancenc— - Fair Debt Collection Practices Act [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm Name] [Law Firm Address] [City, State, ZIP Code] Re: Account/Loan Number: [Enter Account/Loan Number] Dear [Foreclosure Attorney's Name], I hope this letter finds you in good health and high spirits. I am writing to you today in response to the ongoing foreclosure proceedings against my property, as I believe there has been a failure to provide proper notice, in violation of the Fair Debt Collection Practices Act (FD CPA), with regard to the aforementioned account/loan number. Firstly, as you may be aware, South Dakota law requires strict adherence to all necessary procedures and notifications throughout the foreclosure process. It is my understanding that before initiating foreclosure proceedings, the lender (or their representative) must provide borrowers with written notice, outlining specific details related to the foreclosure, including the right to cure the default, the amount owed, and the contact information of the lender. Unfortunately, to date, I have not received any such notice that is required by law. Please understand that a complete and accurate chain of communication is essential in ensuring a fair and transparent foreclosure process. As a diligent borrower, I must exercise my rights to be fully apprised of the situation so that I can appropriately respond and seek a resolution, if possible. Additionally, under the FD CPA, it is crucial that debt collectors follow clear guidelines when communicating with borrowers, ensuring fairness, accuracy, and transparency. From my perspective, the absence of a notice of foreclosure violates the spirit of the FD CPA, as I am being kept in the dark regarding crucial information about my mortgage debt. I kindly request that you provide me with the following information, within the legally mandated time frame: 1. A copy of the notice stating my right to cure the default issued by the lender, as required by South Dakota law. 2. The total amount claimed to be due on the account (including all principal, interest, fees, etc.), as well as an itemized breakdown of the charges. 3. The complete contact information of the lender and/or their authorized representative. 4. Any additional documentation that supports the validity and ownership of the debt in question. Please consider this letter as an official request for validation of the debt and compliance with the provisions described above. I anticipate your prompt attention to this matter to rectify any possible discrepancies and protect my rights as a borrower. To avoid any misunderstandings, I strongly advise putting all communication regarding this matter in writing. Should you fail to provide the requested notice and documentation, or if it becomes evident that the foreclosure process has proceeded without adhering to the necessary notice requirements, I will have no choice but to take appropriate legal action to protect my rights as a borrower? Please consider this letter as an effort on my part to resolve the matter amicably and avoid any further escalation in proceedings. Thank you for your understanding and cooperation in this matter. I trust that you will promptly address this issue, ensuring that all required notifications and procedures are followed diligently. I look forward to your swift response within [time frame as per state or federal law] to resolve this matter professionally. You may reach me at the provided contact information below. Sincerely, [Your Name]
South Dakota Sample Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
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FAQ
Send a cease-and-desist letter: If you don't want to speak to the collection agency anymore, you can send them a cease-and-desist letter. Under the FDCPA, debt collectors can't contact you after you've sent a cease-and-desist letter except in the following cases: To inform you of its intention to seek legal action.
To Whom it May Concern: With this letter I hereby request that you CEASE and DESIST any and all telephone calls. Please put any attempts to collect on the above referenced account in writing.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Include your full name, company name, and mailing address. Address the letter to your client by their full name. State the problem: Specify and provide proof of the debt in question. Reference the original contract or agreement that states the services the client owes you for.
Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.
The nonjudicial process is pretty straightforward: The lender serves the borrower a notice of sale at least 21 days before the sale date and publishes the notice in a newspaper once a week for four weeks. (S.D. Codified Laws § 21-48-6.1, § 21-48-6). Then the lender can sell the property at a foreclosure sale.
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any ...
A cease and desist letter is a formal written request that you send a debt collector telling them to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact save for one final call to tell you what actions they intend to take.
