Owners do not have to follow the FDCPA. You might have a cause of action for slander, or possibly some sort of business tort like tortious interference with contract. You should consult a South Carolina attorney.
Chase modifications are almost worthless. But at this point, if you have been paying the modified amount, you need to be careful, because sometimes they will push you towards foreclosure, saying you owe a duty to the note.
You are ratifying many illegal actions by the bank when you sign a modification. Just be careful.
You need someone who has successfully fought on these new issues of fraudulent documents and other issues. If you wish to talk with us, we do have people in place to co-counsel with all over the nation.
In my experience dealing with these cases from all over, the banks don't really WANT to modify your loan, they just want to get the TARP money. I would suggest talking with a foreclosure attorney who is familiar with all of the intricacies with the current foreclosure mess and the lost notes that are prevalent all around the country.
You can absolutely ask for the debt to be included. But that does not change the situation for credit, and it will still not affect his credit. In some states (I do not know about Florida) you can sometimes get the court to consider something like this maintenance or alimony, which would make for easier collection.
SPEAK TO A FLORIDA ATTORNEY ABOUT THIS. You may also want to visit with them about whether the foreclosure is, in fact, valid.
You can find a TILA Qualified Written Request form just by doing a search. But understand that these documents deal with loan servicing, and they will try everything they can to keep you from seeing the real documents. You're on the right track, but you need to work with an attorney that knows securitization and foreclosure law.
Deeds in lieu are only options in certain situations. They generally do not extinguish any amounts that would be owing after a sale. All papers need to be looked at by a competent attorney familiar with foreclosure law to determine the best strategy.
The security interest in your loan was terminated with the foreclosure. However, the debt still exists. You should consult with an attorney about both the foreclosure and the second. You may have more rights than you think.
We do handle Arizona cases.
We are handling these cases. You need to talk to an attorney before you do anything else, and certainly before you pay anything else.
We are handling cases all over, including Phoenix. I would be happy to talk to you further.