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

• Category: Letters - Legal - Foreclosures
• State: Multi-State
• County: Fairfax
• 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 Code] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm's Name] [Address] [City, State, ZIP Code] Subject: Fair Debt Collection — Failure to Provide Notice Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing to bring to your attention a matter of concern regarding the foreclosure proceedings initiated against my property located in Fairfax, Virginia. Firstly, I must express my disappointment at the lack of proper notice provided to me in relation to this debt collection matter. It is my understanding, as a debtor, that I have specific rights and protections under the Fair Debt Collection Practices Act (FD CPA), enacted by the Federal Trade Commission (FTC) to safeguard consumers like myself from unfair debt collection practices. Specifically, the failure to provide adequate notice of the debt collection proceedings violates Section 809 of the FD CPA, which mandates that the creditor must provide written notice within five days of initial contact. I have not received such a notice from your law firm or the lending institution that you represent. Furthermore, as per the FD CPA regulations, I have the right to request validation of the debt being claimed against me. This includes a written statement outlining the total outstanding amount, the original creditor's name, and evidence of the assignment of debt to your client. However, I have not received any documentation supporting the validity of the debt or the authority of your client to pursue foreclosure actions against my property. In addition to the violation of my rights under the FD CPA, I would like to highlight the lack of adherence to the legal requirements specific to Fairfax, Virginia. In accordance with the Virginia Code § 55-59.1, both the mortgage holder and their attorney are required to provide the debtor with written notice of their intent to foreclose and hold a non-judicial foreclosure sale. To date, I have not received any such notice from your law firm or your client. Considering the aforementioned violations and failures to provide proper notice, I request that you immediately rectify this situation by providing the required notice and documentation as outlined under the FD CPA and the Virginia Code. Failure to comply with these legal obligations may result in legal action being pursued against your law firm and your client. I kindly request a prompt written response within 15 days from the receipt of this letter, confirming that the necessary actions have been taken to address my concerns. Furthermore, I request that you provide your contact information, including a direct phone number and email address, in order to facilitate effective communication moving forward. Thank you for your attention to this matter, and I trust that you will promptly rectify the deficiencies in the debt collection process. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Foreclosure Attorney's Name] [Law Firm's Name] [Address] [City, State, ZIP Code] Subject: Fair Debt Collection — Failure to Provide Notice Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing to bring to your attention a matter of concern regarding the foreclosure proceedings initiated against my property located in Fairfax, Virginia. Firstly, I must express my disappointment at the lack of proper notice provided to me in relation to this debt collection matter. It is my understanding, as a debtor, that I have specific rights and protections under the Fair Debt Collection Practices Act (FD CPA), enacted by the Federal Trade Commission (FTC) to safeguard consumers like myself from unfair debt collection practices. Specifically, the failure to provide adequate notice of the debt collection proceedings violates Section 809 of the FD CPA, which mandates that the creditor must provide written notice within five days of initial contact. I have not received such a notice from your law firm or the lending institution that you represent. Furthermore, as per the FD CPA regulations, I have the right to request validation of the debt being claimed against me. This includes a written statement outlining the total outstanding amount, the original creditor's name, and evidence of the assignment of debt to your client. However, I have not received any documentation supporting the validity of the debt or the authority of your client to pursue foreclosure actions against my property. In addition to the violation of my rights under the FD CPA, I would like to highlight the lack of adherence to the legal requirements specific to Fairfax, Virginia. In accordance with the Virginia Code § 55-59.1, both the mortgage holder and their attorney are required to provide the debtor with written notice of their intent to foreclose and hold a non-judicial foreclosure sale. To date, I have not received any such notice from your law firm or your client. Considering the aforementioned violations and failures to provide proper notice, I request that you immediately rectify this situation by providing the required notice and documentation as outlined under the FD CPA and the Virginia Code. Failure to comply with these legal obligations may result in legal action being pursued against your law firm and your client. I kindly request a prompt written response within 15 days from the receipt of this letter, confirming that the necessary actions have been taken to address my concerns. Furthermore, I request that you provide your contact information, including a direct phone number and email address, in order to facilitate effective communication moving forward. Thank you for your attention to this matter, and I trust that you will promptly rectify the deficiencies in the debt collection process. Sincerely, [Your Name]