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Using the FDCPA to Beat Foreclosure 11-12-13 NOTES

Using the FDCPA to Beat Foreclosure 11-12-13 NOTES

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Published by TRISTARUSA
info on how to use the FDCPA to defend foreclosure
info on how to use the FDCPA to defend foreclosure

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Published by: TRISTARUSA on Feb 17, 2014
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NOV 12,2013
Distinguishing Debt

You do not need case law. You need to know what kind of debt you are dealing with. Three different statutes I laws at issue • • • FDCPA 15USC1692 FCRA 15USC1681 State Consumer Protection Laws

No need for anyone to lose their home. Attorneys are good at throwing colored "code balls" out into the woods to have you chase while the real remedy is right in front of you. These "code balls" include TILA, RESPA which only have reference when you are dealing with a true mortgagee I creditor I lender. Almost no one in foreclosure is dealing with a true lender. They are dealing with a third party to whom an assignment was made after default. Before you can communicate with someone regarding a mortgage, you have to identify who you are talking to. Don't talk to your creditor or lender about being a debt collector. Don't talk to a debt collector as if they are a creditor or lender. Because of this, QWRs are generally null and void as they are being sent to debt collectors, not lenders. FDCPA defines a debt col lector, creditor and a consumer. Must know the difference:

15 USC§ 1692a - Definitions {3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. {4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

debts owed or due or asserted to be owed or due another. rescission of signature letters. Most respond to them as if they were creditors. directly or indirectly. Debt collectors use all the language and forms of a mortgagee/ creditor. sending in QWRs. The term does not include(A) any officer or employee of a creditor while.{6) The term "debt collector" means any person who uses any instrumentality o(interstate commerce or the mails in any business the principal purpose of which is the collection of any debts. TILA letters. you must respond with a proof of claim letter that asks them to confirm the capacity they have to send such notices. at the request of consumers. collecting debts for such creditor. performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors. But they are neither. or who regularly collects or attempts to collect. in the name of the creditor. and {F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement. (iii) concerns a debt which was not in default at the time it was obtained by such person. [Thus a ny servicer a ttempting to collect for an originating le nder based in a n assignment is a de bt collector. . {C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties. Notwithstanding the exclusion provided by clause {F) of the last sentence of this paragraph. uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. in the process of collecting his own debts.] For the purpose of section 1692f {§1 of this title. (B) any person while acting as a debt collector for another person. if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts.. The issue becomes how we respond to these letters from debt collectors disguised as creditors. the term includes any creditor who. such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt. revocation of power of attorney. (ii) concerns a debt which was originated by such person. both of whom are related by common ownership or affiliated by corporate control. or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. Instead. (E) any nonprofit organization which.

bring such action only in the judicial district or similar legal entityfA) in which such consumer signed the contract sued upon. "I don't recall a debt with XXX. QWR RESPA. whether as a creditor or a debt collector." So you must identify who th is party is in order to know by what law to speak to them. Based on my knowledge that would deem you to be a debt collector. Only creditors can foreclose."I am not sure what capacity you have to send me this communication. The first thing one should ask when faced with a debt notice is "Who are you?" and "What debt are you talking about?" Debt collectors and the courts rely on our not discerning what information is really in their communication and for us to rely on their information without question to begin by defending ourselves in the subject matter. So your sending me a notice of intent to foreclose is prohibited and a violation of federal and state law. First you deny by recall that you had an arrangement with the original creditor. Therefore they will not answer QWRs. Pursuant to 12 USC 2605. How can you Quiet Title against a debt collector that doesn't even have title? What is there to quiet? The original lender is gone. . or they will provide fake answers as they do not have access to all the information that a creditor or lender would. So they will take you to court to try to get a money judgment (small claims is under $20000). 15 USC§ 1692i. or {2) in the case of an action not described in paragraph (1}. But they wil l not come up to your house to try to take your merchandise. How can they send notices of foreclosure and have a jurisdictional statement that they are attempting to collect a debt? FDCPA covers any kind of debt. I need the following info so I can determine how I am supposed to communicate with you. and 1692 and state consumer protection laws. (b) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. bring such action only in a judicial district or similar legal entity in which such real property is located." Then you ask for proofthrough va lidation according to 1692(g). They will ignore you. or (B) in which such consumer resides at the commencement of the action. because I notice there is an assignment of mortgage that was filed in the county recorder and it says that this loan was allegedly assigned to you after default.Legal actions by debt collectors (a) Venue Any debt collector who brings any legal action on a debt against any consumer shal/(1) in the case of an action to enforce an interest in real property securing the consumer's obligation.

supports asking for the note. one must be able to prove monetary injury. . it must come from the lender. not merely the servicer. In order to sue for monetary damages. one must send a debt validation letter to the collector. What competent fact witness can the attorney bring to the court that can testify that you got a loan so many years ago and are now in default? All debt collectors have are hearsay statements." " loan. The lender is the only one authorized to execute the provisions of foreclosure. For per your contract with your lender. it must be on direct behalf of the lender. How many fabricated notes. How does he prove years in advance of his involvement that you have any loan? To do this." Public records must be authenticated. Before going into any subject matter therefore. the original note. When the loan is paid off. Copies cannot be used to prove a signature. For who can prove that one actually got a loan from an alleged lender?) The U. it is not his job to prove it! It is the debt collector's /alleged creditor's job. It is easy money for them. Yet alleged servicers threaten to foreclose never mentioning the origina l lender. A servicer must prove relationship to the lender.) Identify the one calling themselves a "servicer.C. not the servicer. (Most debt collection companies are owned and run by attorneys. " Copies" of documents are not admissible evidence. he must supply admissible evidence according to the rules of evidence. the notice to foreclose must come from the lender.C. If a default letter comes out. though these may show evidence that one "probably" or "may have" executed a "consumer transaction" (never admit to the words "mortgage. but it is simplest to just ask to "prove the debt. Even copies of records in the public record do not count. you immediately sue the alleged servicer. A debt collector was never injured in the amount sued and in fact never loaned any money. Or else go into small claims court." "deed. assignments. If one " may have" entered into a consumer transaction w ith a lender.A debt collector must prove that you owe a debt. they must submit a wet ink original and a sworn material fact w itness that can testify to that signature. Ninety-five per cent of debt collection cases result in a default judgment. Under FDCPA go into federal court. it will go to the lender. value could be created by mere copies and everybody would be rich. (Anyone can buy debt from the FDIC). So when a servicer threatens to take property in his own name. mortgages are out there? If copies w ere sufficient to prove value. Copies can be forgeries in the computer age. the deed of trust-not copies. Demonstrate the money trail. or if it comes via the servicer. To be admissible." The Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within the four corners of that contract. Anything coming out from a true servicer referencing default or foreclosure must directly reference the lender. A servicer acts a collector of payments on behalf of the lender. How can a debt collector who buys defaulted debt for 5-10 cents on the dollar prove monetary injury." etc. How to Sue Draft a simple complaint under the FDCPA or under your state consumer protection laws.

. You are speaking in a language like a mortgagee or a lender but I'm showing you with clear evidence that you are a debt collector. not in any court. You don't challenge them for speaking as a lender when they evidence to be debt coll ectors. You're a debt collector and I am here for the court to certify that you are a debt collector and Jet's get the language right first. meaning that all communications from debt collectors cannot be written in legalese that will confuse. The debt collector would have to bring in a material fact witness from that lender or provide an affidavit from that material fact witness stating "I know that this person received this loan. And because I'm the only competent fact witness that was there when this consumer transaction took place. there's not going to be too much talking. I do not recall any particular transaction with this servicer /debt collector and the identity is unknown to me. "They are piggy backing off of a publicly filed document that portrays some consumer transaction and you are allowing them to speak as creditors without checking them: "Wait.The complaint states in effect these words: I received this notice from this servicer.. Mr. unless you are a competent fact witness. At the beginning it says it is from a creditor. You don't object to their speaking off copies of a publicly filed document using language extracted from the deed of trust that they find useful. We're going to talk debt collector language. I'm here to get it cut and dried. because it says two different things. Communications from debt collectors must be understandable by the least sophisticated consumer. They failed to verify or validate the debt or provide admissible evidence of this alleged debt.meaning that you don't really have anything to prove that I owe you a debt." Instead they bring in 10-20 pages of case law alleging you had a loan and you never object to the allegation of having received a loan or to the authenticity of the hea rsay document copies. yet in the middle of the letter they are talking like they are creditors. So. Attorney." . that they are a debt collector. So judge I am confused. You never deny having received a loan. Attorney. and I want you to determine whether that letter is a violation of the FDCPA. Who are you? You are a stranger to this contract. I don't know who you think you are to be speaking out of the language of a contract that has nothing to do with you. Mr. you're a debt collector. there's not going to be too many billable hours to obtain. I just need an order saying that they violated the FDCPA by sending me this letter that was ambiguous and let me tell you what the FDCPA says: . I asked them to identify themselves. and at the end it says it is from a debt collector. They appear to be a debt collector putting them under 15 USC 1692.and unless you have that. They appear to fall under the FDCPA which says that they may not send any threatening letter or threaten to take an action that they legally cannot take. I don't know who you are. You really don't have any information to prove that I owe this amount of money. They misrepresent by getting hearsay statements from the past creditor. Let's see what language you are supposed to speak because if you're a debt collector. ever. So unless you are standing next to somebody that is a competent fact witness who can provide their own evidence that corroborates what they want to do .they have to come with admissible evidence. You never challenge their identity and standing. So you have to change your language. we're not going to talk too much about section 15 or section 22 or all the other things we like to argue. Hearsay is not allowed. Judge.. meaning the least sophisticated consumer can understand that they are asking for money. whether it is something that the least sophisticated consumer can read and understand and act upon. You don't object to their talking as creditors or lenders. unless you are willing to be cross examined. They cannot misrepresent the debt. I don't need you to be talking. really I'm the only competent fact witness to be able to state the facts thereof.

you could be brought before an administrative small claims court to be evicted. They never mention the lender. If they send another letter. so the plaintiff is a debt collector. Unlawful detainer courts are courts about rental issues. This circumvents the non judicial foreclosure process. yet the servicer is the only one identified in the modification as a party of interest? Eviction in Georgia . which is the only right a debt collector has anyway. how can they not be listed as the party of interest in the modification? A true servicer has no monetary interest in a transaction. Don't argue loan modification refusal. The court has already determined they are a debt collector. it removes the language of mortgage and foreclosure from the equation. Therefore when brought into such a court for eviction. I would determine that this letter violates the FDCPA or that the court confirms that this is a debt collector. Inform the judge that his jurisdiction is confined to evictions of tenants under landlord -tenant law and if the plaintiff wants to evict you. You will not communicate with them on that basis. Yet they continue to say they will foreclose on the property when 1692{i) says they have to bring a judicial action. Don't even accept offer of a loan modification. Most modification papers are with the servicer. This is important because many times the action is brought many years after the statute of limitations is up. When they identify a securitization trust as your lender but then send you modification paperwork. you file a new suit under a new number using the same wording in the previous complaint. you argue for proof of how the foreclosure process transformed you from an owner to a tenant and for the lease agreement demonstrating a landlord-tenant relationship. once you have an order confirming that the plaintiff is a mere debt collector. there is a statute of limitations on all debt. To sue for a title action through foreclosure he must remove it to a superior court that can hear issues of title. How can this be? If the securitization trust is the lender. the securitization trust is not listed in the modification detail. This will constantly stop the foreclosure process. How do you "modify" a foundationally fraudulent contract? A loan modification "re-ages" the debt and waives all your defenses as you now become obligated to the debt collector as a creditor. Regardless of the amount of settlement. You cannot make a tenant when (according to the deed of trust) I am a title owner. Q&A Unlawful Detainer There is a title issue in foreclosure You are not made a tenant by operation of the mortgage. etc. not title. You ask for proof whereby you contracted that if you failed to make payments. They are eviction courts specific to tenant-land lord relationships. They cannot even sue you anymore on the debt. he will have to first deal with the issue of title.The judge will clarify that it was an assignment received after default. Also. Quiet title is not the thing you need to do. etc.

G. counteraffidavit O. affidavit. the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same.OCGA 44. 36-33-4 ( 201 0) 36-33-4 . or his attorney in fact. they have incentive to enforce the law. in good faith. G. deliver them to the clerk of court for setting a date for a trial by jury. Attorneys cannot testify to any facts before a court. Sharif immed iately sues attorneys for lack o f evidence and lack of standing. upon receiving such affidavit. either by himself. ejection by sheriff. Personal liab ility of council members and othe r mun icipal officers Members of the council and other officers of a mun icipal corporation shall be personally liable to one w ho sustains special damages as the result of any official act of such officer s if done opp ressively . ejection by sheriff.A. 44-11 -30 (2010) 44-11-30.A. in good faith. shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he claims. Attorneys are the low hanging fruit for su it because they are the forefront debt collectors. a legal right to the possession of the land or tenement. Manner of ejecting intruders.Personal l iability of counc i l members and other municipa l officers 0. counteraffidavit When any person. But it is all hearsay. to exhibit such affidavit to the person described as being in possession of such land or tenement at the earliest possible day and to turn such person out of possession unless the person in possession tenders to the sheriff a counteraffidavit stating that he claims.Ll ABI Ll TY OF M UN I Cl PAL CORPORATIONS FOR ACTS OR OMISSIONS § 36 . Story of GA sheriffs not enforcing the law. Sharif counters that when they show the sheriffs the law in advance. 2010 Georgia Code T l TLE 36 .LOCAL GOVERNMENT PROVI Sl ONS • PROVI Sl ONS APPLICABLE TO MUN I Cl PAL CORPORAT I ONS ONLY CHAPTER 33 . it shall be the duty of the sheriff of the county where the land or tenement is located. or w ithout author ity of law Sherriffs have to take these counter affidavits.11-30. And if they do not. GA statutes allows for claims against sheriffs. corruptly . and knowing that sheriffs are also facing foreclosure. They take the information from original lenders and serve it up for judges to eat. his agent. 32 Serve on them a counter affidavit to the notice of eviction § 44-11-30 ·Manner of ejecting intruders.33-4. affidav it.C. C. mal iciously . Move for immediate dismissa l w ith pre judice ! .

24-9-25 (201 0) 24-9-25 .When attorney may testify for or against client O." It is reversible error when a j udge allows hearsay evidence on the record. they always respond with a statement of facts. So other than allowing their appearance for the record. The defendant is the only competent fact witness. Would you please enter your sustain or overrule into the record so I can preserve the error.GENERAL PROVI Sl ONS § 24-9-25 .PRI VI LEGE PART 1 . Corporations cannot talk. Sue for a liable party from the corporation to swear to the facts from first hand material knowledge. The only tool of an attorney is a deceptive mouth. move to strike the writing! As a defendant you can claim that you sent in any payment and satisfied the mortgage w ithout proving it. thus making the debate between the words of the plaintiff and the defendant. Therefore unless attorney is w illing to be cross exam ined and can testify to the veracity of the statements. When attorney may test ify for or against client No attorney shal l be competent or compel lable to testify for or against his client to any matter or th ing . They cannot bring a claim.WI TN ESSES GENERALLY ARTI CLE 2 . Attorneys cannot testify to a fact just because they were hired to represent a client When attorneys write a complaint.EVIDENCE CHAPTER 9. Every time the attorney opens his mouth to speak as to facts you object! Repeatedly object to the hearsay. If a j udge does not answer an objection. the know ledge of w hich he may have acqu ired in any other manner. . you shut them up. In that case.Never respond point blank to unsigned letters from corporations. ''I take exception to the honorable judge's refusal to rule on my objection. it is called an equivocation.A . the know ledge of w hich he may have acquired from his client by v irtue of his employment as attorney or by reason of the anticipated employment of him as attorney . an attorney shall be both competent and compellable to testify for or against his client as to any matter or thing . However.G. answer or motion. 2 0 1 0 Georgi a Code Tl TLE 24 . Origina l lenders are long gone. It is the plaintiff that must prove you did NOT make the payment or satisfy the mortgage. the word of the defendant w ith the facts must be taken over that ofthe hearsay based plaintiff.C. But they cannot testify to facts.

thelawmaster44@yahoo. You have to discover your own answers. He may move for continuance to bring in a witness. Therefore it is proper to demand proof of agency-that the attorney indeed even represents the client. he cannot testify and has no witness. If that fails." Attorneys in Ohio were known to foreclose on houses in the name of a bank in which the bank had no interest or knowledge. out of the picture .com Follow the three stage strategy (Georgia) 1. You cannot remove to federal in an eviction case. Serve the counteraffidavit to the sheriff requiring trial by jury. 2. 3. Second hand records mean nothing. Stick to the simplicity of the FDCPA law. You don't have to wait after an unlawful detainer order to serve the counter affidavit. MERS has no standing. You have to do an advanced title suit to superior court then notify the U/D judge that you already have a title suit pending in the superior court. his order is adverse to your superior title suit and you wi ll appeal his order with a motion to consolidate the cases. Attorneys/ servicers can make modifications look good to you because they have no money at stake in lowering it! Meanwhile you waive all your rights. They draft up poor documents that do not have the substance that only a true creditor can provide. A cheap poorly worded ambiguous "assignment" means nothing. but otherwise you will move for dismissal with prejudice. 11 If an attorney shows up alone. even if they were obtained from the original lender. If that fai ls. There is a difference between MERS and MERS Corp. But the original lender is gone. civil rules of procedure and the rules of evidence./ need proof of agency. You can serve it on the sheriff then and there. 80% of debt collections succeed because people do not even respond. You can have it prepared already at the unlawful detainer hearing and let the judge know that if he orders the eviction you will appeal then and there and will also serve the counter affidavit. A judge meanwhile can only judge on the facts. Judges do not even agree on case law. If he shows up alone. Don't allow attorneys to argue legalese and case law. Attack any notice of foreclosure as a debt collector standing issue. Don't wait for them to come after you. You reiterate before the judge that the attorney cannot say anything unless he has a witness. Attack the title issue at unlawful detainer requiring removal to superior court. . There is not a federal question . you move for dismissal. Or you can even move for continuance on his behalf. Small time debt collectors now are in the foreclosure business.

" They never say "the loan is in default" because the loan is in a securitization trust and the servicers have to pay on those loans to the trusts! If you pull up the secu ritization trust you w ill see that the loan is being paid or is not even due.State court j udges follow the state court bench book on foreclosure. If you do all this in advance. You have to study. The FCRA is a little longer. Or it is reported that it was charged off.] They use tricky language about "the borrower is in default. not reactive. Every month that the credit report is wrong it is $1000 per account per bureau. You just have to focus on 1692 (a). the FCRA and the state deceptive practices act. It is about the fact that the plaintiff is a mere debt collector." Once they open their mouth. They only guarantee loans. When you sue. motions and do a rule 26 hearing. as if you are obligated to an investor. They can' t own anything.(h) . I don't see 'investor. Define money. Cha llenge the language about defau lt. It is about your cred it reporting. servicer. Your claims are based on the FDCPA. answers. yet they don' t even remove to superior court. If you know how to draft a complaint. You file your superior court title suit in advance. They are debt collectors. "What money? There is isn't any money. So you don't wait for them to remove it. If you are proficient in the federa l rules of civil procedure. That is evidence! They claim to own the loan but are reporting that someone else owns the loan . put your foot in it! Once they make one m istake." Be proactive. An investor is a debt collector. So what do they mean "the borrower is in default"? How can the borrower be in default if the loan is not in default? They use words like investor. They will say "your investor is" whoever. And that accord ing to 1692(i). The word investor changes the dynamic of the communication. You f ile this concurrently in federa l and in state court. they have to do so judicially! Then in the judicial venue they must lose because they have no facts! Fannie Mae does not own loans. mortgagee. it is not about the house. take them to small claims court." challenge THAT.' Investors are pooled into defaulted debt. That's what you are. They will try to say you owe the servicer. The key to winning is to find anything in the statutes that doesn't make sense and then stand on it! When they say "You own money. As soon as you get your first letter. file in the federa l court. What money? What loan? Prove it! [You cannot argue based on what they led you to believe you entered into. The FDCPA is only 20 pages and half of it is mumbo jumbo. Yet the word investor does not appear ONCE in any "contract" (deed of trust I mortgage I security instrument or note) that you signed. lender. Neither can banks. or is a zero balance. Show the paper trail that proves I received money. if they want to go for foreclosure. it is over. Thanks for identifying yourself. To prove the differential between the origina l lender and the alleged "servicer' ca ll up the original lender and ask them if you owe them any money. "Can you explain to me what an 'investor' is? I see creditor. It often lists a different creditor than those who are coming after you. you wi ll usually preclude an eviction action because attorneys wi ll know you have the suit pending. but you . and have the money.

even if you go away on a vacation . But if they are going to use a number. They have no interest in your home. you need to do a Ru le 60(b) Motion to Set Aside Void Judgment. Courts don't like default judgments. assuming the loan actually remains in force as a loan . After a wrongful foreclosure. They w ill intentionally not serve people at the correct address. it means the original account has been extinguished. If I can't pay the original creditor why would I pay you?" At all times you must make your property look inhabited. insist that they use the old number. Remember. Relative to judicial foreclosure: After a foreclosure order.insist on their stating w hether you ow e THEM directly. (Just by changing an account number is to create new money. such as insufficiency of process. Doesn't mean it is true or can stand as evidence. They w ill never answer that question. there is no private communication to effect a solution. It doesn't count. You must not acquiesce to the new number! You don't even cla im to recognize the o ld number. Loan numbers are OMB numbers. What is fi led on the county recorder doesn't matter. you were never provided services by . you can bring a new suit for wrongful foreclosure. as if in private commerce. That is what they get paid for. In a new bank account. In a mortgage on public record. you are deal ing with debt collectors. the number is extinguished . Motion to set aside for lack of subject matter jurisdiction for failure of service of process. you are wasting breath. They have no authority to change the old number. If they change the number.) They also cannot change it without your consent. Anybody can file anything on the county record. (can even use RESPA and TILA violations as a basis of suit) as well as or instead of the Motion to Vacate Void Judgment. you must sign a new signature card. The account is closed. They like parties to litigate. that is all you need to get a foreclosure set aside. FDCPA violations. A new number belongs only to a new account. you never signed an appl ication w ith them. Such as in a bank account. If due process is violated and you can prove it. The same is true regard ing loan numbers. Then you return to the al leged servicer and say "I talked to the creditor and they would not confirm that I owed them anything or they charged it off and said I did not owe them anything. This wi ll work where due process have been violated. You don't owe them any money. Creditors get a tax write off when they charge off debt. But until you sue. Ask for it in writing. which is to create money of account. Attorney's hire companies to go out and look for evidence of abandonment in order to justify a move on the property to remove belongings and change locks. because they don't have the authority to create money of account by assigning a new number. They cannot be changed.

You can't be both. You said in one place you were a creditor and in another you were a debt collector. you cannot use creditor language. It is null and void. excel spreadsheets. I need you to validate and verify your alleged debt in writing only. You must speak only debt collection language. the fact that all kinds of documents have been recorded on your property without notification to you. and the source's firsthand knowledge of the facts pertaining to the alleged debt. "You lied. or bank statements that may be construed as a debt. They do not care about you. You said you were performing under the contract of the mortgage I deed of trust but at the end you claim to be a debt collector. Address? What is it to you? Social security number? I may not have one. I warn you in advance: Do not provide bank ledgers.them. So do not get into subject matter discussion with them." Your mindset needs to be to 1) identify and 2) sue. Actual. So if they send presumptive subject matter correspondence and ask for personal information assuming creditorship. You sent me a letter that was supposed to be legal process and it wasn't. Dodd Frank Act 15 USC 1641(g) 15 USC§ 1641 . punitive. You misrepresented. They don't understand you or respond. and do not seek to approach anyone in particular to gain empathy. They can have a legitimate claim to a debt and still violate these laws.Liability of assignees (g) Notice of new creditor {1) In general In addition to other disclosures required by this subchapter. On an alleged debt of a million dollars. that with any sale or partial sale of the note you have to be notified under the Truth in Lending Act (TILA). If you determine you are dealing with a creditor then you send a QWR and make a case on violations of the deed of trust. When they send a letter with the wrong amount. consequential. Accept no presuppositions or premises about the subject matter. These laws are not about the debt. Why should I give it to you? Do I owe you any money? OK." It's all about identifying who they are and who you are. and statutory damages are available through these laws. the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer. you can get actual and punitive damages of two million dollars. Therefore before the judge you do not argue the validity of the debt but about their behavior. not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party. The FDCPA and its state counterparts are written simply enough for the ordinary consumer to use to fight their case. This is an attempt to collect a debt. You must establish where you got that information and your relationship to the source. It is about their behavior in collecting the debt. Do your job in filing court documents from a platform of knowledge. you respond: "I don't know who you are. or send a letter that purports to be a legal process via the word 'assignment" that is a misrepresentation. including- . That is hearsay garbage in which you try to certify that I owe you money. When you speak to debt collectors.

Little to lose. and (E) any other relevant information regarding the new creditor. It is simple. I don't' know who they are. For now they wi ll either continue to send you those letters or they wi ll leave you alone. telephone number of the new creditor.. (B) the date of transfer. It doesn't matter whether they give you any money on the order. It is for you to get an order. I don't know who they are... I heard this lender went out of business. and therefore I'm confused. There are too many loop holes about what you don't know in that language to trap you. etc. They are threatening that I owe them some money.. That w ill stop a foreclosure. address. Easy to navigate. The order determines the identity and t hen precludes them from talking the language of the creditor about mortgage or assignment or deed. When I ask them to identify themselves they send me some copy of a mortgage agreement and I don't even know what that is because it doesn't look like the document that I signed. Sample case to argue : Judge. . You are talking only about a defaulted alleged debt charged off. Let's break this down real easy. (2) Definition As used in this subsection. Because I am getting these letters and they are saying two or three things or that they are all of them.[Did you have a mortgage?} I don't recall. etc. Start with small claims court. They are telling me they are going to take my house. That order is worth your house because now.. As a debt collector. less fear. It is the order that counts. Don't get into mortgage issue subject matter such as assignment and securitization. So I need you to determine . (D) the location of the place where transfer of ownership of the debt is recorded. I realized from information from the SEC that the loan was securitized and therefore it is a security under the UCC. They fail to answer me but keep sending me aggressive letters to where they are now telling me they are going to evict me out of my house.. The court will say you are just getting stuff off the internet and don't know what you are talking about. They appear to be a debt collector but they are also appearing to be a party to this contract that I may have executed 'x" years ago. they cannot prove that anyone owes t hem a debt. the term "mortgage loan" means any consumer credit transaction that is secured by the principal dwelling of a consumer.. The judge will determine that from the record the loan was assigned while in default and that it went from third party to fourth party to fifth party. that the FDIC or Office of the Comptroller shut them down . I did enter into some kind of consumer transaction with this person but I have no proof that they ever loaned me any funds. Objective is to get judge to rule on debt collection status of the debt.. and I am not supposed to be confused pursuant to the FDCPA because I am not a sophisticated consumer. If you are talking to and about a debt collector.(A) the identity. Then you call for the judge to issue an order that they are a debt collector... I need you to make a determination as to whether this is a creditor or a debt collector. And now the countdown time to the statute of limitations begins after which they cannot even come after the house. Focus on the consumer protection laws only. you are not talking about a mortgage or a deed. (C) how to reach an agent or party having authority to act on behalf of the new creditor." Stick to this. Focus on the consumer protection laws only.

This is identity theft. But it is illegal for anyone to do this except one to whom application is made for credit. You can execute a criminal complaint against these companies and it will force them to settle. You can do the securitization research and then go in and ask for a verdict in whether you are actually paying a debt collector. You say you are interested in paying off the loan in full with the creditor and you want to determine if they still have the original note to be returned to me upon payment in full. And the courts wil l award it. Your answer? "Tell it to the judge. False items on a credit report alone bring $1000 per month per bureau. Who is the creditor. . Lenders often convert to servicers shortly after a mortgage is consummated. If a debt collector only pays 5-10 cents on the dollar for your debt." Fair Credit Reporting Act (FCRA) 15 USC§ 1681q. This is why there is so much identity theft. There are few debt collector trials. Debt collectors hire druggies off the streets to work for them. or both. etc. It does not take case law or legalese to do this. You can strategize to trap debt collectors for high damages over periods of time. You will get the run around. A good time to sue is when you are still in good standing in your mortgage. the upkeep.Debt collectors will not go to trial. how can his interest in the property be higher than yours who have put in all the payments. Most debt collectors will pull credit scores. imprisoned for not more than 2 years. The servicer will identify the new owner. you won't pay them anymore. you do too for your time to sue them. You can pay the court as an escrow. You want to verify the true creditor so that no one else can come along and say you owe them the money. Sharif makes his living off of predatory suing of debt collectors. This is evidence that the loan has been sold off. That's all. Fines for violation of consumer protection laws are very high. Debt collectors claim they can do this because they bought your debt. Simple. One letter from them violates ten laws. So until you know WHO you are paying. You can then write the servicer and ask who the current note owner (not holder) is.Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18. If attorneys deserve to get paid for their time and expenses. You take this to the court for the determination Courts have said it is YOUR responsibility to know who it is you are supposed to be paying money to. so you can settle with them all day long for their violations.

But they can only come after you at most for the va lue of the consideration of the assignment.In answer to the charge that you were loaned money. what money could you possibly have loaned me? What did you loan me? Credit? What is that? You said money. What is the actual financial interest the debt collector has in the transaction for the debt they bought? How does my not making a lleged payments injure the debt collector? Me not making payments on a contract you are not party to-how does that injure you? So what if I didn't pay a bank that has gone out of business? How does that give you authorization to get my name out of a garbage can or off a county record to come after me? . ask. Can they assign the debt? Sure. Where is the money you loaned me?" You have to catch them in their own words. A loan shark receives money. "Since the country is 20 trillion dollars in debt. You said you gave me a loan.

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