FDCPA Claims May Extend Beyond 2 Year Statute of Limitations


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And another analysis from one of my trusted “anonymous” contributors who really know what is going on:

FDCPA also has a 2 year SOL for most states, and most judges go back to the supposed transaction from which it stems (The supposed home loan, as to when clock starts ticking). Many homeowners can prove the claims of the Servicers having an interest in the loan is false, therefore the REMIC Trust is false, and therefore there was no 2 year lapse traceable back to a defined transaction, FDCPA claims should not toll either.

So what that means to me is interesting in two scenarios:

A.) Every letter you receive to Modify a loan from a “Servicer” (i.e, become indebted further to someone you never owed in the first place), is really a disguised new loan, because the original debt never existed with them. Therefore as a new loan, it falls back under TILA and…

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About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
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