QUESTION

IS IT ILLEGAL FOR A ALLEDGED MORTGAGEE WRITE ME A LETTER STATING I AM IN FORCLOSURE WITHOUT FIRST TAKING ME TO COURT ?

Asked on Jan 07th, 2013 on Real Estate - New York
More details to this question:
IN A DEBT DISPUTE WITH MORTGAGE COMPANY AND AFTER REFUSING TO GIVE ME THE ANSWERS TO 3 QWR MAILED CERTIFIED TO THEM THE BANK HAS STATED IN A LETTER THAT I AM IN FORCLOSURE . THE BANK HAS NOT SERVED ME ANY COURT PAPERS AND HAS NOT COMPLIED WITH MY 2 PRIOR QWRS SO I MADE A COMPLAINT TO OCC WHO FORWARDED THE LETTER TO THE CONSUMER PROTECTION AGENCY WHO FOWARDED IT TO THE BANK AND THEN I RECIEVED A REPLY THAT WAS INCOMPLETE AND DID NOT PROVIDE THE NECESSARY VERIFICATION OF THE DEBT. THE ORIGINAL CREDITOR WENT OUT OF BUISNESS IN 2008 BUT SERVICER CLAIMS THE LOAN WAS SOLD IN 2012 TO THE FORCLOSING BANK.I AM BEING THREATEN WITH FORECLOSURE WITH OUT PROOF FROM THEM THAT THEY OWN THE MORTAGE OR THE NOTE. IS THIS ILLEGAL.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You are reading too much on the internet.  Deal with the debt, and get a modification.  Fighting on these urban legends about documents, etc., is a waste of time.  If they sue you, they will have proof of ownership of the loan.  Check the clerk of the court and make sure there is no pending case.
Answered on Jan 11th, 2013 at 10:22 AM

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