Sie sind auf Seite 1von 3

TEMPLATE FOR NOTICE OF LEGAL VIOLATIONS, DEMAND TO CANCEL

ILLEGAL NON-JUDICIAL FORECLOSURE SALE AND TO CEASE AND


DESIST ONGOING ILLEGAL CONDUCT AND INTENT TO SUE

Date
Name of Lender or Servicer
Street Address
City, State and Zip
Re: Notice of Sale Under Power of property located at: (insert address)
LEGAL NOTICE OF VIOLATIONS; DEMAND TO CANCEL ILLEGAL
FORECLOSURE SALE; TO CEASE AND DESIST ONGOING ILLEGAL
CONDUCT AND INTENT TO SUE
PLEASE BE ADVISED that this letter shall operate as actual legal notice to
you of legal violations in regard to your ongoing, continuing attempts to conduct
an illegal non-judicial foreclosure sale of the above-referenced property. This
notice shall operate as actual legal notice to addressee of these illegalities. Should
you elect to go forward, you do so at your own risk with full knowledge of the
illegalities of which you are advised. Further, going forward will be considered as
an effort to unlawfully convert the property through the filing and recording of
false, fraudulent documents in the public records.
Be further advised that Georgia House Bill 985 as passed by the House and
Senate provides that it is unlawful to knowingly file, enter or record any document
in a public record or court of this stateknowing or having reason to know that
such document is false or contains a materially false, fictitious or fraudulent
statement or representation. Any action violating this law is considered to be a
felony punishable by one to ten years incarceration or a $10,000.00 fine or both.
You are so advised.
You are directed to comply with the legal requirements of the law and with
your fiduciary duties to all parties involved and with all due diligence
requirements. You must strictly comply with all provisions of the Security Deed
and the non-judicial foreclosure statutes, including the notice requirements of
O.C.G.A. 44-14-162.2.
You are legally notified as to the following legal violations:

1
The Assignment of Security Deed, recorded in the public records, is a false,
fraudulent and fabricated document. As such, it does not confer legal standing to
enforce payments under the promissory note or to foreclose the Security Deed. You
are herewith advised that you lack legal standing to enforce payment under said
note or to foreclose the security interest, being the Security Deed. The advertised
non-judicial foreclosure sale is therefore illegal and not in compliance with the law.
Any and all rights you may attempt to claim pursuant to the Security Deed are not
legally valid or enforceable.
Because the Assignment of Security Deed is a false, fraudulent and
fabricated document and contains materially false, fictitious or fraudulent
statements, it violates the provisions of House Bill 985 referenced above.
Further, because the filing and recording of the Assignment of Security Deed
and the advertising of the Notice of Sale Under Power is an attempt to collect a
debt, which you know, or should know, is illegal and unenforceable, you are
attempting to collect a debt which is not owed by the borrower. This in turn is a
violation of the Fair Debt Collections Practices Act, (FDCPA),15 U.S.C. 1692 et
seq. Under the Act it is unlawful for you to collect a debt through use of a false,
deceptive or misleading representation or means in the collection of said debt. Your
acts in advertising this property for a non-judicial foreclosure sale using false,
fraudulent and fabricated documents, constitutes use of a false, deceptive or
misleading representation or means in the collection of a debt and violates the Act.
Further, Uniform Commercial Code, UCC 3-501 requires a lender to
exhibit the note when demand is made for payment and the borrower or
borrowers demand to see the note. Demand is hereby made that you exhibit the
note, and that any pending sale be cancelled until said note has in fact been shown
to the borrower.
Also, UCC 3-501also requires a servicer to show authority to make a
demand for payment if it does not own the note but is merely servicing it. Demand
is hereby made that either you produce the original note or show the borrower your
authority to make a demand for payment. Demand is further made that you cancel
any advertised non-judicial foreclosure sale until authority to make demand for
payment is made.
You must Cease and Desist from your ongoing, continuous violation of the
law as set forth above. Should you persist in this ongoing illegal conduct, you will
be held accountable. It is the intention of the undersigned to bring an action in
2
Federal Court for your violation of the FDCPA, your violation of Federal RICO
statutes, for Fraud and Misrepresentation, for your violation of Georgia House Bill
985, for your violation of the Uniform Commercial Code, for Wrongful
Foreclosure, and for other violations of state and Federal statutes, including an
action for treble damages and/or for punitive damages, given your knowledge of
these violations and your willful disregard of the law despite having knowledge of
these specific violations. It is also the intention of the undersigned to file formal
complaints with law enforcement and with applicable state and federal regulatory
agencies for any and all legal violations.
If foreclosure proceedings, including the advertised non-judicial foreclosure
sale, is not cancelled, formal complaints will be filed with the Federal Trade
Commission, the U.S. Attorney General Consumer Protection Office, the
Consumer Financial Protection Bureau, the Department of Housing and Urban
Development, the Georgia Bar Association for any attorney involvement, and with
local law enforcement. Civil actions shall also be filed against you in a court of
competent jurisdiction for damages without further legal notice to you or to your
client.
PLEASE BE GOVERNED ACCORDINGLY.
Very truly yours,

Name of Homeowner
cc: conformed copies to all entities and agencies on the attached conformed copy
list.

Das könnte Ihnen auch gefallen