Tag Archives: FDCPA

FDCPA — Fair Debt Collection Practices Act

Posted on October 2, 2010 by timothymccandless

Posted on June 29, 2009 by Neil Garfield Don’t get misled by titles. The wording of the statute clearly uses “verification” not validation. Verification generally means some sworn document or affidavit. This means when you contest the debt under FDCPA … Continue reading →

Posted in I Have a Plan | Tagged FDCPA, respa, wrongful foreclosure | 1 Comment

No Default The Servicer is making the payments !!!

Posted on April 30, 2010 by timothymccandless

In the sercuritization game there are many co-obligors and you may not be in default after all. In the pooling agreement the servicer must agree to advance payment in the event of a missed payment by debtor. Who is the … Continue reading →

Posted in Loan Audit, mortgage meltdown, Real Estate Settlement Procedures Act | Tagged Audit, FDCPA, Foreclosure, foreclosure defense, truth in lending 2923.5 | 2 Comments

Make them stop CALLING !!!

Posted on January 25, 2009 by timothymccandless

If you are in debt and getting harassed by bill collectors, there is a way to help get the debt collector harassment calls to stop. You can send a copy of the letter found below filled out to the collector … Continue reading →

Posted in bankruptcy | Tagged FDCPA | 1 Comment

Firm pursuing foreclosure might not be your lender

Posted on January 19, 2009 by timothymccandless

By PAULA LAVIGNE REGISTER STAFF WRITER Figuring out which company to deal with during a foreclosure can be daunting. Even if the original mortgage was with a company recognized by the borrower, that company may not be the one acting … Continue reading →

Posted in bankruptcy, Cramdown, Foreclosure, Loan Audit, Predatory Lending, stop foreclosure, tila, truth in lending, Uncategorized | Tagged eviction, FDCPA, Foreclosure, Fraud, litigation, Mortgage modification, Predatory Lending | Leave a comment

"California Cramdown" California Civil Code Section 2923.6

Posted on January 9, 2009 by timothymccandless

(a) The Legislature finds and declares that any duty servicers may have to maximize net present value under their pooling and servicing agreements is owed to all parties in a loan pool, not to any particular parties, and that a … Continue reading →

Posted in bankruptcy, eviction, Foreclosure, Mortgage modification, Predatory Lending, Real Estate Settlement Procedures Act, respa, stop foreclosure, tila, truth in lending, Uncategorized | Tagged 2923.5, 2923.6, 2924, 2932.5, bankruptcy, California cram down, Cram down, Cramdown, FCRA, FDCPA, Foreclosure, litigation, mortgage meltdown, Mortgage modification, Real Estate Settlement Procedures Act, stop foreclosure | Leave a comment

California and everybody else V Countrywide

Posted on December 31, 2008 by timothymccandless

COMPLAINT Plaintiffs, insert Plaintiff, by and through their attorney of record, Timothy McCandless, allege the following, on information and belief: I. DEFENDANTS AND VENUE 1. At all relevant times, Defendant Countrywide Financial Corporation (hereinafter “CFC”), a Delaware corporation, has transacted … Continue reading →