Fair Debt Collection Practices Act Letters
Note: Useful for last minute foreclosure postponement and verification of debt.

For more information or help, please fill in the form below.

This is part of the Self-Help portion of Foreclosure Defense. See Foreclosure Defense for more tools and tips you can do in preparation for legal action.

Note: The tools mentioned below have been successfully used (all methods have been tested); however, no process can be guaranteed to work in all situations because of the extensive fraud and illegal practices in this arena.
New
: See Lesson on CBS Atlanta page (click here): "How to Write a Criminal Affidavit - How to Spot Fraud and Report it.


Strategy (answer within 30 days from the FDCPA or Notice of Sale letter sent to you):
Why is the Notice of Sale letter also pertinent and applicable?
Notice foreclosure attorneys call themselves "debt collectors" and their letters say, "This is an attempt to collect a debt".
Therefore, Foreclosure Attorneys can also be sued for violation of practices under the Fair Debt Collection Practices Act, as debt collectors.

> Just before the foreclosure date, send these two letters, one day after the other, to the foreclosure attorney via CERTIFIED and REGULAR mail.  Only if you are out of time, deliver via fax (faxes are considered legal delivery).
Timing is critical!  Ideally, the letters should be received JUST BEFORE the foreclosure date (if it is within the 30 day time frame); otherwise make sure to answer by the 30-day mark.  Note: be aware of holidays.
> Call the foreclosure attorney the day of the foreclosure (or if you are using a foreclosure defense attorney, the attorney can call the foreclosure attorney).  Confirm that the letters were received and the foreclosure has been stopped awaiting validation of debt.
The foreclosure attorney must CEASE all activity until validation is given or be subject to violation of the Fair Debt Collection Practices Act. If the foreclosure attorney proceeds, then they can be sued in Federal court for violating the FDCPA to rescind the foreclosure.

Per the Fair Debt Collection Practices Act (FDCPA), the Consumer has the right to a VALIDATION OF DEBT.  The Consumer must request validation of debt within 30 days from the date stamped on the envelope (not the date on the letter) of the certified letter from the foreclosure attorney or third party collection agency demanding money. (In the case of foreclosure, this would be the FDCPA OR NOTICE OF SALE letter from the foreclosure attorney. By Georgia law, for example, the NOTICE OF SALE letter must be sent at least 30 days prior to the foreclosure date. (See Know Your Laws).  Recommendation: Send these letters even if you believe that you are outside the 30 day time frame.
What is NOT an Adequate Response for Validation of Debt:
> Copy of the Validation by itself without an Affidavit from the Servicer/Lender. An Affidavit from the Servicer/Lender, not the Foreclosure Attorney, must accompany the copy of the document being used to validate the debt.
Note: An affidavit from the foreclosure a
ttorney would put the foreclosure attorney in a legally compromised position; the attorney could then be brought into the law suit).
>  Email response with scanned items.  (Do not give email on your letter).

                                Sample Letter #1 (intentionally simple/straightforward) 
                                            Note: Sample Letter #2 follows Letter #1.

December 29, 2012 

Certified Mail  # 7011 0110 0000 6913 2002

McCalla Raymer, LLC                                   Federal Trade Commission
1544 Old Alabama Rd.                                   One Bowling Green Ste. 318
Roswell, Ga 30076                                         New York, NY 10004

NationStar Mortgage LLC                             GA Department of Banking and Financing
350 Highland Drive                                        2990 Brandywine Road, Suite 200
Lewisville, TX 75067 
                                    Atlanta GA 30341

RE: NOTICE OF VALIDATION OF ALLEGED DEBT
Your file No.: 00000000-FT17
Loan No. : 00000000000
Borrower Name:    John Doe
Property Address:  12345 Any Street
                              Atlanta, GA 30030

Dear Sir,

     This letter dated June 1, 2011 is to notify you, your firm and the mortgage company claiming
ownership of this alleged loan and note, that I am exercising my rights under the “Fair Debt Collections Practices Act” as codified at 15 USC § 1692, which stipulates that a debt collector must, if requested, provide validation of the alleged debt, i.e. validate the debt, per “The Fair Debt Collections Practices Act”, “FDCPA”. The debt collector (Foreclosure Attorney, Bank, Alleged Lender) is mandated under “FDCPA” to cease and desist ALL collection activity until validation of the original note is provided. 

     This letter requests VALIDATION of the alleged debt accompanied by an Affidavit from the Alleged Lender. 
Please provide the following:
1. Copy of the original alleged note accompanied by an AFFIDAVIT from the alleged Lender

2. Identify to what the alleged debt pertains.
3.   Provide details how the alleged debt was calculated.
(Field v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th
Circuit Court, September 2004.
4.   Provide Regulation Z, and Notice of Right to Cancel (Truth in Lending Act)
5.  Provide copies of any papers that show that I agreed to pay the alleged debt.
6.  Identify the original creditor.
7. Provide the agreement between the creditor and your firm which authorizes you to
collect funds (without a contract, your firm has no right to foreclose).
8.  Provide evidence that the Statute of Limitations has not expired on this account.
9.  Provide evidence that you are licensed to collect in my state.
10. Provide your license numbers and the Alleged Lender's Registered Agent.

Please provide the above information within five (5) business days from the postmark date to: John Doe. 12345 Any Street. Atlanta, GA 30030.

Sincerely,

John Doe
12345 Any Street
Atlanta, GA 30030

                                                        Sample Letter #2


December 30, 2011 

Certified Mail # 7011 0110 0000 6913 2033

McCalla Raymer, LLC                                    Federal Trade Commission
1544 Old Alabama Rd.                                   One Bowling Green Ste. 318
Roswell, Ga 30076                                         New York, NY 10004

NationStar Mortgage LLC                              GA Department of Banking and Financing
350 Highland Drive                                         2990 Brandywine Road, Suite 200
Lewisville, TX 75067                                     
Atlanta GA 30341

RE: NOTICE OF VALIDATION OF ALLEGED DEBT
Your file No.: 00000000-FT17
Loan No. : 00000000000
Borrower Name: John Doe
Property Address: 12345 Any Street
Atlanta, GA 30030

Dear Sir,

         I have enclosed a copy of the letter that I sent to your firm dated December 29, 2011. 

The letter was titled RE: NOTICE OF VALIDATION OF ALLEGED DEBT.  As of yet, neither you nor your firm have complied with my request.   

         Under the Fair Debt Collections Practices Act, it mandates in FDCPA section 809(b), 15 USC 1692g, if the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall CEASE AND DESIST collection of the debt, or any disputed portion thereof, UNTIL the debt collector obtains VALIDATION OF THE DEBT.

        In Spears vs. Brennan, the collector cannot get a judgment until the debt is validated.

        This letter is being sent to you in response to a Notice received December 2, 2011.  Please be advised that, pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g sec. 809 (b) that your claim IS DISPUTED and VALIDATION is requested. 

        This letter requests VALIDATION of the alleged debt accompanied by an Affidavit from the Alleged Lender.
Please provide the following:
1. Copy of the original alleged note accompanied by an AFFIDAVIT from the alleged Lender

2. Identify to what the alleged debt pertains.
3.  Provide details how the alleged debt was calculated.
(Field v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th
Circuit Court, September 2004.
4.  Provide Regulation Z, and Notice of Right to Cancel (Truth in Lending Act)
5.  Provide copies of any papers that show that I agreed to pay the alleged debt.
6.  Identify the original creditor.
7. Provide the agreement between the creditor and your firm which authorizes you to
collect funds (without a contract, your firm has no right to foreclose).
8.  Provide evidence that the Statute of Limitations has not expired on this account.
9.  Provide evidence that you are licensed to collect in my state.
10. Provide your license numbers and the Alleged Lender's Registered Agent.

        
Once I receive the requested informatioin, I will require at least thirty (30) days to investigate this information.  During such time, all collection activity must CEASE and DESIST.

         I
f your offices have reported unvalidated information to any of the three (3) major Credit Bureaus  (Equifax, Experian, or TransUnion), this action might constitute fraud under both Federal and State Laws.  If negative reporting is found on any of my credit reports by your company or the company that you represent, I will bring legal action against you, pursuant to the Fair Credit Reporting Act.

                  

         Also during this VALIDATION period, if ANY action is taken which could be considered detrimental, including negative reporting to credit bureaus which could be inaccurate or invalid, I will pursue legal action.
 

         If your offices fail to respond to this VALIDATION REQUEST within 30 days from the date of  December 2, 2011, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

           

         I also request that your office make no telephone calls to my home or place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have to pursue legal action.  All future communications must be done in writing and sent to the address noted in this letter by USPS or certified mail.

 

         This is an attempt to validate the alleged debt and to to correct records, and information obtained will be used for that purpose.

 

          If foreclosure proceedings are not stopped before January 3, 2012, I will send letters directly to Federal Trade Commission, the U.S. Attorney General Consumer Protection Office, Department of Housing and Urban Development (file under RESPA regulations), FDIC, Department of Banking and Finance and the Georgia Bar Association (for disregarding and failing to comply with Federal Code).

 

          The Fair Debt Collection Practices Act, Section 15 809, gives everyone who may have a loan certain consumer rights, whether or not the loan servicing has transferred. The FDCPA is intended for any DEBT COLLECTOR including MORTGAGES.  If a borrower sends a “VALIDATION OF DEBT” letter to the present loan servicer, other alleged lender, or entity or company attempting to collect, all requested documentation must be provided to the borrower within 30 days of receipt of the request.  During this 30 day period, the Lender or Servicer or Collector must suspend any and all collection activity (including FORECLOSURE OF THE PROPERTY) until the debt has been legally validated and VALIDATION has been received.

          If any debt collector fails to comply with the “validation of debt notice” the borrower is entitled to an award of actual damages, statutory damages up to $1000 (per count), cost and attorneys fees. 15 U.S.C. Sec. 1692k(a).  Class action relief is also available. 15 U.S.C. Sec 1692k(a)(B).

           

           Any debt collector who violates any provision of the FDCPA has a potential liability for the actual damages.  A single violation is more than sufficient to support judgment for the borrower/consumer.  See: Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990); Supan v. Medical Bureau of  Economics, Inc., 785 F. Supp. 304, 305 (D. Conn. 1991).  There can be actual damages which includes emotional stress, embarrassment, and humiliation caused by improper activities and conduct during their debt collection activities.  The FDCPA allows recovery of Statutory damages limited to 1% of the debt collector's net worth or $500,000.00, whichever is less.

 

           In summary, please respond to this request for VALIDATION of the Alleged Debt with an AFFIDAVIT and please provide answers to the 10 items addressed above.

Sincerely,

John Doe
12345 Any Street
Atlanta, GA 30030

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Sincerely, Anne Batte
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