I was foreclosed on in 2007. The recent news regarding fraud within the mortgage world prompted me to look into my situation. When I did I found a number of things; most significant of which is that the appointment of substitute trustee paperwork was filed/recorded after the foreclosure sale had taken place. I also have evidence proving that proper notice was not given, the party initiating foreclosure did not have the right to do so under the deed’s power of sale, etc. I am now certain that I want to pursue legal action. One of the claims I will be including in my suit will be violation of the Texas Deceptive Trade Practices Act which requires a 60-day notice be given. I’ve prepared the notice and would appreciate some help, thoughts, feedback, etc. from an expert. The text of the notice is as follows: The Texas Deceptive Trade Practices Act requires a plaintiff to provide 60-day notice prior to filing suit. On behalf of plaintiff's this letter will serve as said notice. Plaintiffs are prepared to file a civil complaint and present factual evidence to support a number of claims including but not limited to violations of the Texas Deceptive Trade Practices Act, wrongful foreclosure, breach of contract, negligence, unjust enrichment, abuse of process, fraud, and all other applicable causes of action. Your firm along with all other responsible parties will be named as defendants. Damages sought will include the fair market value of the property at the time of the wrongful foreclosure sale as well as all other applicable damages as determined by a jury; subject to trebling as provided by statute. In a spirit of good faith to settle this matter without litigation, we will agree to drop this matter, waive our rights to a complaint, and agree to hold your firm harmless if your firm will agree to the following: - Your firm will send payment in the amount of $204,913, payable to Plaintiffs, sent within 72 hours of an agreement being signed.- Your firm will completely and permanently remove all references to foreclosure on all trade lines currently reporting on Plaintiff’s credit files with Experian, Equifax, and Transunion and update tradelines to reflect "paid in full" or other similar information. This will be done within 72 hours of an agreement being signed. - Your firm will agree to waive all rights to pursue any further action and hold Plaintiffs harmless. Should you choose to accept this offer, please send written agreement with above terms signed by your authorized representative no later than Friday, December 17, 2010. We will promptly sign and return.
State/Country relating to question: Texas
This is my the first step I have taken.
Thank you for the post, was your property foreclosed on via judicial foreclosure?
No - it was a non-judicial foreclosure
Thank you, XXXXX XXXXX is well written and sufficient as a 60 day demand notice as it fulfills the requirements of the Act.
One last thing I wonder if you can help me with - Countrywide was the lender and they have of course been taken over by Bank of America. I am currently planning on sending the notice to their offices in California to the attention of General Counsel/Legal Department. Do you think that is best or might there be a better address or individual/department?
Hello, the general counsel would be the best address to send a demand letter. This is because the demand threatens litigation and the legal department would be best suited to route it to the appropriate party along with a suggestion to settle the matter.
Successful consumer advocate.
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