This document discusses distinguishing between different types of debt and debt collectors. It notes that most people in foreclosure are dealing with third parties who were assigned the debt after default, making these entities debt collectors under the FDCPA rather than creditors. The FDCPA definitions of consumer, creditor, debt, and debt collector are provided. It advises that one must identify whether one is communicating with a creditor or debt collector in order to know the applicable laws. Debt collectors use creditor language but are not creditors and cannot foreclose without proof of the debt. The document suggests responding with a proof of claim letter asking for their capacity and whether they are a debt collector based on an assignment after default.
Original Description:
info on how to use the FDCPA to defend foreclosure
Original Title
Using the FDCPA to Beat Foreclosure 11-12-13 NOTES
This document discusses distinguishing between different types of debt and debt collectors. It notes that most people in foreclosure are dealing with third parties who were assigned the debt…