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

• Category: Letters - Legal - Foreclosures
• State: Multi-State
• County: Cuyahoga
• 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: Challenging Fair Debt Collection Practices — Failure to Provide Notice in Cuyahoga, Ohio [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm Name] [Attorney's Address] [City, State, ZIP] Re: Notice of Failure to Provide Required Notice under Fair Debt Collection Practices Act (FD CPA) — Cuyahoga, Ohio Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing in regard to an ongoing foreclosure case concerning my property located at [Your Property Address] in Cuyahoga County, Ohio. I have recently become aware of certain violations of the Fair Debt Collection Practices Act (FD CPA) on the part of [Lender or Servicing Company], and I am seeking your assistance to address this matter accordingly. It has come to my attention that [Lender or Servicing Company] has failed to provide me with the legally required notice as mandated by the FD CPA regarding the foreclosure proceedings initiated against me. The FD CPA, as you are aware, imposes certain obligations on creditors and debt collectors, including providing borrowers with written notice at specific stages of the foreclosure process. This notice is intended to inform borrowers of their rights and options concerning the impending foreclosure. Specifically, the FD CPA mandates that within five (5) days after the initial communication, a debt collector (in this case, [Lender or Servicing Company]) must provide a written notice containing the following information: 1. The amount of the debt being claimed, 2. The name of the creditor to whom the debt is owed, 3. A statement informing the borrower of their right to dispute the debt within thirty (30) days of receiving the notice, 4. A statement informing the borrower that if they dispute the debt in writing, the collector must, upon the borrower's written request, provide them with certain information regarding the debt, 5. A statement informing the borrower that if they request the name and address of the original creditor in writing within thirty (30) days, the collector must provide such information, and 6. A statement informing the borrower that if they request it within thirty (30) days, the collector must provide them with a verification of the debt. Regrettably, I have not received any of the aforementioned notices from [Lender or Servicing Company]. This failure to provide the required notice not only violates the FD CPA but also deprives me of crucial information regarding my rights in this foreclosure process. As my legal representative, I kindly request that you review the foreclosure proceedings initiated by [Lender or Servicing Company] and investigate the failure to provide proper notice, thus ensuring my rights under the FD CPA are protected. I am confident that with your expertise, we can rectify this situation appropriately and pursue the necessary actions against [Lender or Servicing Company]. I have attached copies of all relevant documents to support my claim, including correspondence exchanged between [Lender or Servicing Company] and me. Furthermore, I kindly request that you acknowledge the receipt of this letter within 15 days of receiving it, in writing. Furthermore, I look forward to your prompt attention to this matter. Should you require any additional information or documents, please do not hesitate to reach out to me at the contact details provided above. I trust your professionalism and commitment to fair debt collection practices will support my pursuit of justice in this case. Thank you for your time and consideration. I eagerly await your response. Sincerely, [Your Name]

Subject: Challenging Fair Debt Collection Practices — Failure to Provide Notice in Cuyahoga, Ohio [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm Name] [Attorney's Address] [City, State, ZIP] Re: Notice of Failure to Provide Required Notice under Fair Debt Collection Practices Act (FD CPA) — Cuyahoga, Ohio Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing in regard to an ongoing foreclosure case concerning my property located at [Your Property Address] in Cuyahoga County, Ohio. I have recently become aware of certain violations of the Fair Debt Collection Practices Act (FD CPA) on the part of [Lender or Servicing Company], and I am seeking your assistance to address this matter accordingly. It has come to my attention that [Lender or Servicing Company] has failed to provide me with the legally required notice as mandated by the FD CPA regarding the foreclosure proceedings initiated against me. The FD CPA, as you are aware, imposes certain obligations on creditors and debt collectors, including providing borrowers with written notice at specific stages of the foreclosure process. This notice is intended to inform borrowers of their rights and options concerning the impending foreclosure. Specifically, the FD CPA mandates that within five (5) days after the initial communication, a debt collector (in this case, [Lender or Servicing Company]) must provide a written notice containing the following information: 1. The amount of the debt being claimed, 2. The name of the creditor to whom the debt is owed, 3. A statement informing the borrower of their right to dispute the debt within thirty (30) days of receiving the notice, 4. A statement informing the borrower that if they dispute the debt in writing, the collector must, upon the borrower's written request, provide them with certain information regarding the debt, 5. A statement informing the borrower that if they request the name and address of the original creditor in writing within thirty (30) days, the collector must provide such information, and 6. A statement informing the borrower that if they request it within thirty (30) days, the collector must provide them with a verification of the debt. Regrettably, I have not received any of the aforementioned notices from [Lender or Servicing Company]. This failure to provide the required notice not only violates the FD CPA but also deprives me of crucial information regarding my rights in this foreclosure process. As my legal representative, I kindly request that you review the foreclosure proceedings initiated by [Lender or Servicing Company] and investigate the failure to provide proper notice, thus ensuring my rights under the FD CPA are protected. I am confident that with your expertise, we can rectify this situation appropriately and pursue the necessary actions against [Lender or Servicing Company]. I have attached copies of all relevant documents to support my claim, including correspondence exchanged between [Lender or Servicing Company] and me. Furthermore, I kindly request that you acknowledge the receipt of this letter within 15 days of receiving it, in writing. Furthermore, I look forward to your prompt attention to this matter. Should you require any additional information or documents, please do not hesitate to reach out to me at the contact details provided above. I trust your professionalism and commitment to fair debt collection practices will support my pursuit of justice in this case. Thank you for your time and consideration. I eagerly await your response. Sincerely, [Your Name]