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Debt validation of sold mortgage to delay foreclosure


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I live in Florida and have gone through a Chapter 7 bankruptcy which was discharged and included my 1st mortgage through Bank of America. Bank of America sold this mortgage to another lender in Alabama. They sent me a letter stating I owe them this money with a footnote saying not if I declared bankruptcy and saying I have a right to validate the debt. They also indicated that they will be sending a Notice of Deficiency (NOD) on October 7, 2010 if I do not cure the loan.

I faxed them a debt validation request and they responded quickly with a letter saying the validation would be forthcoming. Today I received their validation response. It included a cover letter affirming receipt of my request and a recap of their response which says the loan had its service transferred from BofA to them on June 30 and gave a summary of charges as of that date including past due payments, late charges, collection costs, and an Escrow Overdraft Balance. The letter also included payment histories for both BofA and new lender as well as a copy of the Deed of Trust and Note.

In their letter they did not include any proof that the mortgage had been sold to new lender. Also, the letter included a Payoff Statement for a completely unrelated loan.

They are not reporting anything on my credit report.

My objective is to delay foreclosure as long as possible and I hope that debt validation can defer the NOD.

How should I best respond? Should I wait 30 days from my request for debt validation which they say they received on September 9, 2010 to let them know they did not validate since they did not offer proof of ownership? Should I get into the wrong payoff statement being enclosed? Should I dispute the escrow account where they apparently paid the real estate taxes even though the loan did not include an escrow account? Would sending a NOD be considered debt collection and being done before complete validation, be a violation of the FDCPA?

Please suggest how to best proceed?


Edited by WilliamKF
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