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Strange Letter

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This is my first post so please bear with me...

I received a letter from a CA today whom I tried to resolve a foreclosed debt two years ago, by letter. (At the time, I didn't know anything about DV, nor my rights as a foreclosued consumer.) Never heard back from them again, nor did they put any record on my credit report. Absolutely nothing was mentioned in my credit report in the last two years since the foreclosure.

Today's letter was informing me of the transfer/sold of my 'mortgage loan' (?) to another CA. I just reviewed my credit report once again, and am reassured that was there no mention of this debt, if any, on either of the 3 CRAs by the first CA nor from this new one.

The original creditor has written in my credit report two years ago as 'charge-off'. No mention of it being assigned or transferred. Just 'charge-off' and mortgage foreclosed.

I spent the last two years cleaning up my credit and doing a pretty darn good job of it...now I get this? Should I be worried that the new CA is going to contact me or report me to the CRAs? Should I wake them up and do a DV letter?

I'm confused. What's with this letter?

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By the way, shortly after trying to resolve the issue of debt with the last CA, I had received a letter from the OC notifying me of their computers being hacked and files/identity stolen only 2 months earlier...I'm to be careful of my identity and credit....I'm wondering if I was one of the names/files stolen...would that be why nothing was reported to the CRAs?

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Well obviously if your data has been compromised you should take extra precautions when dealing with anyone that approaches you with their hand held out for money.

If any CA contacts you about the alleged debt, send a DV notice immediately. For phone calls, ask for their company name and address to send it to. It is a violation of the FDCPA for a collector to refuse to give you their company name and address as it prevents you from executing your DV rights under the law; Cortez v. Trans Union Corp., 94 C 7705, 1997 WL 7568, 1997 U.S. Dist. LEXIS 31 (N.D. Ill. Jan. 3, 1997); Wegmans Food Markets, Inc. v. Scrimpsher, 17 B.R. 999, 1014 (Bankr. N.D.N.Y. 1982)

You should also check your State laws to see if they are even allowed to go after the deficiency balance and if the mortgage holder followed proper procedures with the sale of the house. In many States, if the lender fails to follow proper procedures in the foreclosure sale and with notfying you of the sale price, they loose the right to collect any deficiency. And in a few states, even that doesn't matter because they forbid collecting deficiency balances entirely on real property.

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