Remove a Foreclosure From Your Credit Report by Validating the Debt Sample Letter
A home Foreclosure will stay on your credit report for seven years. This can make it difficult for you to purchase big-ticket items such as a car or a house if you cannot afford to pay cash. However, if your foreclosure was unjustly executed, or the institution that provided your mortgage is not fairly reporting your credit, there are steps you can take to have the foreclosure removed early.
Find a reason to dispute the fairness of how your bank treated you during the loan or foreclosure process. Familiarize yourself with your rights under the Fair Credit Reporting Act. If you have trouble deciphering the legalese in the law’s documentation, consult a lawyer and ask him to clarify the language for you. Also, read carefully through all of the documentation created when you set up your loan. Some banks engaged in dishonest practices like fabricating the income of loan applicants. If you can find evidence of such a practice, or you think your rights under the Fair Credit Reporting Act have been violated, you can proceed to the next steps.
Retain the services of a lawyer to help you write letters to the bank explaining how your rights were violated by the bank. In these letters, threaten a lawsuit unless the bank contacts the credit agencies to remove the foreclosure report from your credit.
File a lawsuit against the bank if it does not remove the foreclosure from your credit report. You can supplement this action with letters to the bank stating the nature of your case and threatening to defame the bank by picketing it or going to the media about its unjust practices. These measures might convince the bank that it would be easier for it to remove the foreclosure from your credit report than to continue to deal with you and your lawyer.
Your Street Address
Your City, State ZIP Code
Credit Bureau Name
Their Street Address
Their City, State ZIP Code
RE: Account xxx-xxxx-xxx
Dear Sir or Madam:
I have been the victim of a foreclosure which was unjustly executed during the foreclosure process. This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes.
You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I’m sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.
In addition to the questionnaire below, please attach copies of:
- Agreement with your client that grants you the authority to collect on this alleged debt
- Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor
- Any insurance claims been made by any creditor regarding this account
- Any judgments been obtained by any creditor regarding this account