Topic: Is asking for a DV twice Appropriate

[deepkimchee]

Over a year ago I got a letter of intent to foreclose.  I DV'd the CA and got a copy of the mortgage note from a lender before current lender.

Due to foreclosure moratorium I haven't heard a word until today.

The lastest letter is from same CA telling me if I want to reinstate my mortgage pay xx amount.  The amount is broken down in attorney fee, interest blah blah blah.

Because it has been over a year, how should I respond to this?  Should I re DV or should I send some other type of letter.

I might take this to court if they don't modify my mortgage.  Whatever I say will more than likely be used against me either in the mandatory mediation process or court itself.

[deepkimchee]

Another thing, because a year has gone by, the amount due is different from the amount I first DV'd them on.

Does that warrant another DV letter?

[CleaningUp]

You've DV'd, they've responded.

Nothing in the FDCPA says that you cannot DV a second time; however, nothing in the FDCPA says that they have to stop collecting a year later.

DV is always appropriate. 

What is happening is that they are gearing up for another go-around with your mortgage.

There is no law that says they have to grant you a mortgage modification, whether you qualify or not.

If you still have a MERS-type situation or robo-signed set of affidavits, you may get the court to rule in your favor. 

It's been a few months since the last set of Attorneys' General agreements were signed; under those guidelines, they may have corrected the deficiencies in their foreclosure filings.  The only way to know is to challenge them.

[deepkimchee]

Then I will re dv, because it is a different amount.  Interestingly there isn't the standard mini Miranda this time. 

It basically says, to verify amount, loan number, address etc. call their office.

On a side note, our strict foreclosure laws were just amended.  Now, in a judicial foreclosure, the lenders attorney's have to personally sign their names to the authenticity of the docs relating to the standing of the lender to foreclose.

Is it unethical to elect judicial (my choice), just to buy time, perhaps years in my home?

[CleaningUp]

What is unethical about exercising your rights under the law?

The statute, I am sure, says that you are entitled to elect judicial foreclosure and doesn't provide exclusions to the exercise of that right...like you can't elect on an alternate Wednesday if that Wednesday falls on a leap-year day.