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    Debt Validation Letter - Trustee - SAN

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    haroldebeale
    This document is a debt validation demand letter sent by John Doe to a law firm representing US Bank regarding a non-judicial foreclosure action on Doe's property. The letter disputes the alleged debt and demands validation, including documentation showing the nature of the debt, how it was calculated, any agreements signed by Doe, proof the statute of limitations has not expired, and that the bank is licensed for debt collection in the state. The letter warns that if validation is not provided within 30 days, the debt will be considered invalid and removed from Doe's credit reports, and that any collection or foreclosure efforts during the validation period could result in a lawsuit.

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    Attribution Non-Commercial (BY-NC)
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    Debt Validation Letter - Trustee - SAN

    Uploaded by

    haroldebeale
    2K views3 pages
    This document is a debt validation demand letter sent by John Doe to a law firm representing US Bank regarding a non-judicial foreclosure action on Doe's property. The letter disputes the alleged debt and demands validation, including documentation showing the nature of the debt, how it was calculated, any agreements signed by Doe, proof the statute of limitations has not expired, and that the bank is licensed for debt collection in the state. The letter warns that if validation is not provided within 30 days, the debt will be considered invalid and removed from Doe's credit reports, and that any collection or foreclosure efforts during the validation period could result in a lawsuit.

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    This document is a debt validation demand letter sent by John Doe to a law firm representing US Bank regarding a non-judicial foreclosure action on Doe's property. The letter disputes the alleged debt and demands validation, including documentation showing the nature of the debt, how it was calculated, any agreements signed by Doe, proof the statute of limitations has not expired, and that the bank is licensed for debt collection in the state. The letter warns that if validation is not provided within 30 days, the debt will be considered invalid and removed from Doe's credit reports, and that any collection or foreclosure efforts during the validation period could result in a lawsuit.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views3 pages

    Debt Validation Letter - Trustee - SAN

    Uploaded by

    haroldebeale
    This document is a debt validation demand letter sent by John Doe to a law firm representing US Bank regarding a non-judicial foreclosure action on Doe's property. The letter disputes the alleged debt and demands validation, including documentation showing the nature of the debt, how it was calculated, any agreements signed by Doe, proof the statute of limitations has not expired, and that the bank is licensed for debt collection in the state. The letter warns that if validation is not provided within 30 days, the debt will be considered invalid and removed from Doe's credit reports, and that any collection or foreclosure efforts during the validation period could result in a lawsuit.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    The letter disputes a debt and demands validation and documentation of the debt from the recipient under the Fair Debt Collection Practices Act.

    The letter is disputing an alleged debt and demanding that the recipient provide validation and documentation of the debt.

    The letter requests specific information and documentation to validate the alleged debt such as proof of the original creditor, calculations of the amount owed, statute of limitations, etc.

    John Doe

    c/o James Doe, Presenter/Witness/Acceptor


    99999 Atlantic Drive
    Atlanta, Georgia 99999

    SHAPIRO & SWERTFEGER, LLP


    2872 Woodcock Boulevard
    Duke Building, Suite 100
    Atlanta, Georgia 30341
    Via Certified Mail – RRR: Art. No: 9999 9999 9999 9999 9999

    Re: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSAA HOME EQUITY


    TRUST 2006-3 v. JOHN DOE (Non-Judicial Foreclosure Action)
    DEBT VALIDATION DEMAND PURSUANT TO THE FAIR DEBT
    COLLECTION PRACTICES ACT
    DEMAND TO STOP FORECLOSURE UNTIL VALIDATION IS COMPLETE
    Subject Property: 9999 BLUE TEAL COURT NW, ATLANTA 99999
    Alleged Account No.: 999999999

    To Whom It May Concern:

    This letter is being sent to you, as a debt collector, in response to an alleged notice sent to me
    regarding the above-referenced matter. Please be advised that this is not a refusal to pay, but a
    NOTICE sent pursuant to the Fair Debt Collection Practices Act (15 USC § 1692g) that your
    claim is hereby disputed; and certified, authenticated validation is demanded.

    This is NOT a request for “verification” or proof of my mailing address, but a request for
    VALIDATION of the alleged debt is made pursuant to 15 USC § 1692g. I respectfully request
    that your office provide me with competent, certified evidence (under the penalty of perjury) that
    I have any legal obligation to pay you.

    Please provide me with the following (certified and authenticated under penalty of perjury):

    • What is the money you say I owe is for;


    • Show and explain me how you calculated what you say I owe;
    • Provide me with copies of any papers that show I agreed to pay what you say I owe;
    • Provide a verification or copy of any judgment if applicable;
    • Identify the original creditor;
    • Prove the Statute of Limitations has not expired on this account;
    • Show me that you are licensed to collect in my state; and
    • Provide me with your license numbers and Registered Agent.

    At this time I will also inform you that if your offices have reported invalidated information to
    any of the three (3) major Credit Bureau’s (Equifax, Experian or TransUnion) this action might
    constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is
    found on any of my credit reports by your company or the company that you represent, I will not
    hesitate in bringing legal action against you for the following:

    DEBT VALIDATION DEMAND – DEMAND TO STOP FORECLOSURE


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    • Violation of the Fair Credit Reporting Act
    • Violation of the Fair Debt Collection Practices Act
    • Defamation of Character
    • Other State and Federal violations

    If your offices are able to provide the proper documentation as requested in the following
    Declaration, I will require at least 30 days to investigate said information, and during such time
    all collection activity must cease and desist.

    Also during this validation period, if any action is taken which could be considered detrimental to
    any of my credit reports, I will consult with my legal counsel for suit. This includes any listing
    any information to a credit reporting repository that could be inaccurate or invalidated or
    verifying an account as accurate when in fact there is no provided proof that it is.

    If your offices fail to respond to this validation request within 30 days from the date of your
    receipt, as required by the Fair Debt Collection Practices Act, 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 would also like to request, in writing, that no telephone contact be made by your offices to my
    home or to my 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 no choice but to file suit. All
    future communications with me MUST be done in writing and sent to the address noted in this
    letter by USPS.

    It would be advisable that you assure that your records are in order before I am forced to take
    legal action. This is an attempt to correct your records; any information obtained shall be used for
    that purpose.

    Lastly, for you to auction the subject property, as Trustee in the above-referenced matter, would
    be a direct violation of the Fair Debt Collection Practices Act (15 U.S.C. § 1692f) if all
    concerned parties allow the alleged Grantee or the Servicer, your alleged client, to illegally
    foreclose on the subject property if alleged Grantee is (1) Not in possession of the original,
    unaltered Note, and (2) if Grantee is not the holder in due course under Georgia Commercial
    Code.

    15 USC §1692f - Unfair Practices:


    (6) Taking or threatening to take any nonjudicial action to effect
    dispossession or disablement of property if –
    (A) there is no present right to possession of the property
    claimed as collateral through an enforceable security interest;
    (B) Any person who violates this section shall be liable to the
    same extent and in the same manner as a debt collector is liable
    under section 813 for failure to comply with a provision of this
    title (emphasis added).

    DEBT VALIDATION DEMAND – DEMAND TO STOP FORECLOSURE


    2|Page
    If your client foreclosures on and sells the subject property, you and all parties working in
    conjunction with you will be defendants in a law suit for violations of the Fair Debt Collection
    Practices Act and other State and Federal statutory violations for statutory, actual and punitive
    damages and for all other fees and expenses necessary to prosecute such an action.

    All Rights Retained


    Respectfully Submitted

    By: ___________________________________
    John Doe, Authorized Signatory for JOHN DOE

    STATE OF GEORGIA )
    ) ss.: ACKNOWLEDGEMENT (You may or may not want to use this)
    COUNTY OF FULTON )

    This document was acknowledged before me this before me this ____day of APRIL, 20______
    by John Doe: ____ Personally Known ____ Produced Identification
    Type and # of ID___________________________________________

    _____________________________________
    (Signature of Notary)

    (Seal)
    _____________________________________
    (Name of Notary Printed)
    Notary Public, State of Georgia

    DEBT VALIDATION DEMAND – DEMAND TO STOP FORECLOSURE


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