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2nd Mortgage/heloc and arbitration

Mick Hall

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Hi folks,

I origionally posted this in Is there a lawyer in the house,  I thought this might be a better forum.


It's been a while since I've posted here, but the following has me somewhat confused. I have tried to explain the details to the best of my ability, and I would really appreciate some input on your thoughts and what to do next.


Our primary residence is in Foreclosure with an attorney handling the case on our behalf. It seems to be in a stalemate position at the moment.


I received a letter from another attorney/debt collector regarding the 2nd Mortgage/HELOC on the property, I have sent the letter over to my attorney for their files. I sent the attorney/debt collector a debt vaidation letter, to which they first replied with an Affidavit of Debt as debt validation (it is written on the top of the Affidavit) also the affidavit is marked "Exhibit A" although there was no other paperwork/documents supplied. They have not filed a law suit in this case.  I would like to mention at this time that I have also checked my current credit report which states that the account is CLOSED.


In our debt validation letter there is a paraghraph regarding arbitration. It reads....If the alleged agreement has any arbitration clause that waives your litigation rights over this alleged debt, I hereby envoke it, elect arbitration,and waive (banks name here) and it's assignees right to litigate in this matter, per the underlying arbitration clause.


The Banks Attorneys have now sent me a AAA supplementary procedures for consumer-related disputes form which they have filled out, IN MY NAME, and paid a $1500.00 fee. It is marked as a request of the consumer on the form. There is no signature on the form from me and I have not contacted AAA to request arbitration.


My question is: Can they file an arbitration request in my name without my permision? All I have said is that I want to envoke the arbitration clause?


Also does anyone know if Florida is a Security First State?


Many thanks for you help and advise.




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