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What It Means to Dispute the Validity of Debt in the Foreclosure Process


The Florida foreclosure process is not a fast one, but that doesn’t mean it is a passive process.

In fact, as a homeowner, you and your lawyer play a very active role in fighting to keep your property. By actively engaging to protect your rights and fighting back against your lender, you may ultimately stand to keep your property.

One important step in actively and aggressively fighting back against your lender is disputing the validity of the debt. Here’s what it means.

Disputing the Validity of Mortgage Debt

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are required by law to stop collecting payments on a loan when a consumer sends a request for validation of the debt. Consumers must respond to their Notice of Default within 30 days, and then, until the debt collector provides verification of the debt, the foreclosure is essentially stopped in its tracks, even if temporarily.

By disputing the validity of debt, not only are you aggressively defending your rights, you are also buying yourself time to evaluate your best foreclosure defense. In some instances, this may include applying for a loan modification or seeking other alternatives to foreclosure. (For more foreclosure defense strategies, be sure to read this post on the topic.)

Disputing the validity of your debt is an important step to take regardless of the type of debt – be it for a mortgage, credit card, or other debt. You should never pay a debt that you aren’t responsible for, and you should always know exactly what the debt is for (and if it hasn’t already been paid). Proof is essential.

At Jacobs Legal, we help you put up the best fight against your mortgage lender, and we won’t stand down until the battle has been won. Get in touch today to discuss your options and ask questions about what to expect during a Florida foreclosure.

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