Post-Foreclosure Collection Continues

I had a home with two mortgages that went into foreclosure. The second is now trying to collect. (after 2 years) I sent a validation of debt letter (certified) they responded back 4 months later with a copy of the note. They did not bother verifying my other demands ie: proof that they are allowed to collect in my state. What is my recourse know? because they call every day demanding their money. Don’t they have 30 days to validate my request? Real Time Resolutions is the collection agency.

Craig

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Hello Craig,

The FDCPA requires the debt collector cease collection until providing validation.  They can validate four months later, BUT if your validation request was timely, and they sent you any collection letters or made any collection calls or did not indicate that the debt was disputed to the CRA prior to providing validation, then you have a violation.

The copy of the note would be considered proper validation in your case.  The FDCPA does not require that the debt collector prove that they are permitted to collect in your state; however, if, for example, you determined that they were required to be licensed to collect and did not have a license, then I’m sure the collection would stop and credit reporting entry would be removed as soon as you brought that to their attention.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.