Lorayne NeelySue your lender! fight mortgage fraud! Dear Green Tree Servicing: As such, please treat this letter as a “Qualified Written Request” under the Real Estate Settlement Procedures Act, codified as Section 2605 (e) of Title 12 of the United States Code. As you know, RESPA provides substantial penalties and fines for non-compliance or answers to my questions provided in this letter within sixty [60] days! 42 Pa.C.S.A. §5525, governing the time for bringing actions on most contracts, and the Pennsylvania Commercial Code at 13 Pa.C.S.A. §2725, governing the time for bringing an action for breach of contract for the sale of goods. Both statutes provide a four-year limitations period. 1. Green Tree is a debt collector governed by the FDCPA . You violate this Act by threatening to sue on an old debt which is no longer collectable because it is time-barred. § 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of --(A) the character, amount, or legal status of any debt; or (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.(5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.(13) The false representation or implication that documents are legal process. 2. A copy of this letter is also being sent to the following credit bureaus immediately. Experian PO box 4500 Allen, TX 75013 Equifax PO box 740241 Atlanta, GA 30374 TransUnion PO box 2000 Chester, PA 19022 Innovis Po Box 1689 Pittsburgh, PA 15230 3. I expect you to comply with the law and to notify the credit bureaus and have this expired debt removed from my credit history. Thank you, Homeowner
Posted on: Sat, 29 Mar 2014 15:53:27 +0000