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West Virginia 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.

Subject: Urgent: Fair Debt Collection Violation — Failure to ProvidNoticeic— - Seeking Legal Assistance [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm's Name] [Address] [City, State, Zip] Regarding: [Loan/Account Number] Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing to you as a matter of urgency regarding a fair debt collection violation involving my mortgage/loan, specifically the failure to provide proper notice as required by the Fair Debt Collection Practices Act (FD CPA) and the laws of West Virginia. As a diligent borrower, I have always made timely mortgage/loan payments; however, I was recently shocked to discover that my property is facing foreclosure proceedings without any prior written notice from your office or any other party involved. This failure to provide notice is a clear violation of my rights as a borrower, protected under federal and state laws. Under the FD CPA, creditors are obligated to provide borrowers with written notice of their intent to initiate foreclosure proceedings. This notice should include detailed information regarding the amount owed, the nature of the default, and a clear timeframe for resolving the issue. By failing to provide such notice, your firm not only violates the FD CPA's provisions but also disregards West Virginia's specific regulations governing foreclosure actions. I kindly request your immediate attention to rectify this situation and provide the necessary notice regarding the potential foreclosure. Furthermore, please provide a detailed explanation for this failure, including any relevant documents, records, or correspondence related to my mortgage/loan file. Considering the serious nature of this violation and the potential legal consequences, I am hereby seeking legal assistance to address this matter appropriately. I have contacted the West Virginia Attorney General's Office and the Consumer Financial Protection Bureau to report this violation, and I encourage you to rectify this situation promptly to mitigate any further legal action. I expect a written response within [reasonable timeframe, typically 15 days] from the receipt of this letter. Failure to address this issue adequately will result in my pursuing all available legal remedies to protect my rights as a consumer and borrower, including but not limited to filing a formal complaint with the appropriate regulatory authorities and seeking legal representation. Thank you for your attention to this urgent matter. I anticipate a swift and satisfactory resolution to this fair debt collection violation. Sincerely, [Your Full Name]

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FAQ

The statute of limitations on debt in California is four years, as stated in the state's Code of Civil Procedure § 337, with the clock starting to tick as soon as you miss a payment.

A creditor will usually ?charge off? a debt when a consumer fails to make monthly payments for six consecutive months, at which point the account is closed to future charges, although the consumer still owes the debt. Many creditors will not collect interest on a charged off debt even if they have the right to do so.

California Coerced Debt: California SB 975, for debts incurred after July 1, 2023, requires a collector to cease collection until it completes a review when the debtor provides documentation and a sworn statement that the debt was coerced.

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.

Debt collectors may collect interest, fees, charges, or other expenses to your debt only if they are expressly authorized by the agreement creating the debt or are otherwise permitted by law. If you ask, the debt collector must tell you how much it is charging you and why.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or to debt owed for business or agricultural purposes.

More info

Fill in your information on the template letter and edit it as needed to fit your situation. 3. Print and mail the letter. Keep a copy for your records. If you think your servicer or lender failed to complete a required step, made a mistake, or violated state or federal foreclosure laws, you might have a defense ...25 Jul 2023 — You will be contacted by official court attorneys who will notify you of the hearing date. If you wish to settle the outstanding amount, please ... A debt validation letter is a letter that debt collectors must provide that includes information about the size of your debt, when to pay it, and how to dispute ... 14 Apr 2023 — This information will help you recognize whether the debt is yours and, if not, how to dispute it. This notice generally must include: A ... Plaintiffs have alleged that PHH is “a debt collector engaging directly or indirectly in debt collection within the State of West Virginia, including Jefferson ... 10 Aug 2023 — The polite way to handle things is to contact the original lender to work out a payment plan before things get to the debt collection agency. This form is a sample letter in Word format covering the subject matter of the title of the form. Foreclosure Debt Collection Related forms. Previous Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ... See Sample Letter #3 to Landlord Applying Security to Rent for Failure to Provide ... the rent can be sued under the federal Fair Debt Collection Practices Act.

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