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Is this a FDCPA violation

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Lender's attorney sent an FDCPA validation notice and filed for foreclosure suit (judicial foreclosure state) before the end of the validation period.  Since the attorney held themselves out as subject to the FDCPA , is this a violation?

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My mortgage lender violated our mod agreement.  Fast forward and loan was referred for foreclosure.  Lenders attorney sent a FDCPA validation notice (assumedly admitting they were bound by FDCPA).  They proceeded to file for foreclosure well prior to the end of the dispute period. (which was disputed)  Is this a violation?

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The fact that they include CYA language does not mean they ARE subject to the provision referenced in the CYA language. 

 

You don't indicate HOW they allegedly violated the modification agreement and even if they did, you would have to make that showing in court.  Bottom line is that an OC that isn't getting paid has the right to get their collateral (in this case, the house) back as quickly as possible so as to mitigate their loss. 

 

I would suggest getting it current ASAP and being prepared to secure counsel since the pro se approach is not wise when it comes to the roof over your head. 

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They violated the mod agreement by raising the payment 12%, 5 days after they executed the modification agreement.  There was no change in circumstances, neither the taxes or insurance increased at all.  We were induced to enter into the agreement based on the modification contract terms.  Since the mortgage was discharged in BK, we would have just walked away then.  Thats how they violated the mod agreement.

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You signed a mod agreement with the bank and days later they increased your payment (principal and interest)? Did you call to see if they made a mistake entering in the mod details? Or did you not talk to them and just stop paying? Something is still missing here. Are you sure taxes and insurance didn’t change?

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It's not an FDCPA violation to file suit after validation has been provided. The 30 day rules does not apply to them.

 

)  If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

 

Also, actions taken in a loan modification process is not a defense to foreclosure in most states because it does not refer to the making or enforcement of the note.

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Taxes did not go up and insurance wouldn't renew for another 9 months.  We have 18 certified letters asking for an explanation that were not responded to.  We continued to make the payment specified in the mod.  The payment did not increase an insignificant amount, it was 14% more.  Since the loan was discharged in bankruptcy, we would have just stuck them with the house.  

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