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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24015
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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The court rulled against my bank in forclousuer, they have

Resolved Question:

The court rulled against my bank in forclousuer, they have sold the loan to another company and they are still pursueing action
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


I'm not sure what your question is - can you re-phrase the question? Thanks!
Customer: replied 1 year ago.

In 2001 I was informed that the bank holding mortage had taken me to court, I payed a lawyer to follow up with the court ruleing. The judge rulled against the bank using the with predjudust. The layer informed me that this ruleing removed me from any further financial responsiblity, for this loan. The bank has sold or passed this to compnay called green tree for collection. I informed them of the 2011 court ruleing, they have not stop.

Expert:  Law Pro replied 1 year ago.
OK, I'm presuming that the judge ruled that the judge for some reason found the mortgage illegal - as such dismissed the lender's action "with prejudice" (meaning that they can't file an action on the same issue).

When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied without prejudice.

The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action, or whether the identical parties are involved in the two actions.

The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the doctrine of Res Judicata in any later action by the same plaintiff on the subject matter. The doctrine of res judicata (from the Latin, "a thing decided") is based on the importance of finality in the law. If a court decides a case, the subject of that case is firmly and finally decided between the persons involved in the suit, so no new lawsuit on the same subject may be brought by the persons involved. Therefore, the words without prejudice protect the plaintiff from a defendant's res judicata defense.

A court may also enter judgment with prejudice, however. This signifies that the court has made an adjudication on the merits of the case and a final disposition, barring the plaintiff from bringing a new lawsuit based on the same subject. If a new lawsuit is brought, a defendant can properly invoke res judicata as a defense, because a court will not relitigate a matter that has been fully heard before. Often a court will enter a judgment with prejudice if the plaintiff has shown bad faith, misled the court, or persisted in filing frivolous lawsuits.



Have they filed a new suit or just contacting you by letter or by telephone or what?
Customer: replied 1 year ago.

I recieved a letter saying this was an attempt to collect a debt, I called and spoke to a gentelman and explained the court ruleing, he said the bank still showed this as an active loan and that he forward this infromation on and they would look into into the matter. I have just recieved another letter still looking for payment. How do I make this stop.

Expert:  Law Pro replied 1 year ago.
OK. I'm totally understanding now.

You need to send them a letter demanding "validation" of the alleged debt.

As per their letter they admit this is an attempt to collect to a debt - they sent you that notice within the letter pursuant to the Fair Debt Collections Practices Act.

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail, return receipt requested.

 

Your letter back to them:

 

 

Date

Your Name
Your Address
City, State Zip

Collection Agency
Collection Agency Address
City, State Zip

Re: Acct # XXXXX

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name



They, nor another collection company nor the original creditor, are not allowed to contact you again till they "validate" the debt. If they do contact you again - contact a local attorney who practices consumer protection or Lemon law about the matter and they will file suit on your behalf. They get paid from the collection company so they usually won't charge you a fee up front.


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If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).



Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24015
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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