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Call the Attorney for the Pretender what they are…a Collection Agent!

Here’s a strategy for borrowers in pre-default. Send the attorney that is sending you the Right to Cure letter a DEBT VALIDATION LETTER. The attorney is now under compliance of the FDCPA as a collection agent and he must provide PROOF OF THE ORIGINAL DEBT. TITLE VIII – DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act] § 803. Definitions [15 USC 1692a] As used in this title – (6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. So when a collection agency is assigned, or has purchased, your debt, they are NOT the creditor. They are the debt collector and the actions they take are all governed by the FDCPA. If the Attorney under these provisions plays hardball he is opening himself to Damages under the FDCPA. What attorney representing a pretender lender will continue to play hardball knowing that the Plaintiff has no standing or possession of the Note and is not a creditor. Fannie Mae claims to be the investor, but that only means they HOLD the note endorsed in blank, that DOES NOT MEAN they have the lawful right to enforce it as a secured debt. Considering MERS, the mortgage has not been transferred and assigned lawfully, the Note was not negotiated per UCC. Attorneys KNOW THIS, so CALL THEM WHAT THEY ARE….a Collection Agent for a Pretender Lender.