FORECLOSURE OFFENSE AND DEFENSE — GO DIRECTLY AFTER LENDER ATTORNEY: TEXAS LAW ON COLLECTION OF DEBT PROBABLY HAS TEETH IN OTHER STATES

GOOD COMMENT FROM AngellaMorning@aol.com

THIS IS SIMILAR TO THE NOTICE TO TRUSTEE AND NOTICE OF NON-COMPLIANCE FOUND ON THE BLOG. THE ATTORNEY IS SUPPOSED TO PERFORM DUE DILIGENCE. IF HE/SHE DID, THEN HE/SHE WOULD KNOW THAT THE FACTS ARE NOT QUITE AS SIMPLE AS THE DEMAND LETTERS, NOTICES OF DELINQUENCY, NOTICES OF DEFAULT AND FORECLOSURE PROCEEDINGS WOULD HAVE OTHERS BELIEVE.

COMMENT: FROM ANGELLA: I found something interesting in the Texas Finance Code for Texans in foreclosure. (Texas Finance Code Chapter 392 Section 306). This area of the finance code states:

Ҥ 392.306. USE OF INDEPENDENT DEBT COLLECTOR.
A creditor may not use an independent debt collector if the creditor
has actual knowledge that the independent debt collector repeatedly
or continuously engages in acts or practices that are prohibited by
this chapter.”

The attorney firm that is foreclosing on my home has been sanctioned multiple times in Texas for failing to verify defaults before initiating foreclosures.

To make sure that my mortgage servicer (posing as my “lender”) had ACTUAL KNOWLEDGE that they were using the services of a debt collector that is known to violate Texas debt collection laws, I sent them a certified letter to give them ACTUAL KNOWLEDGE of this fact.

Here is my letter:

First Horizon Home Loans
4000 Horizon Way
Irving, TX 75063 October 17, 2008

To Whom It May Concern,

It is a violation of Texas law (Texas Finance Code Chapter 392 Section 306) to knowingly employ an independent debt collector that continually or repeatedly engages in acts or practices that are prohibited under Texas debt collection laws.

AngellaMorning@aol.com: The attorney firm of Barrett Daffin Frappier Turner & Engle, L.L.P. (also known as Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.) located at 15000 Surveyor Boulevard Suite 100 Addison, Texas 75001 has been sanctioned multiple times in the state of Texas for its violation of debt collection practices.

This letter is official notice of this information.

Your subsequent continued employment of this attorney firm for your debt collection purposes is a violation of Texas law.

Angella Soileau
9195 Gross Street
Beaumont, TX 77707

(When pushed into a corner, we are sometimes forced to swing a punch…)

Tags: ATTORNEY DUE DILIGENCE, BARRETT DAFFIN FRAPPIER TURNER AND ENGLE, DEBT COLLECTOR, FIRST HORIZON HOME LOANS, LLP, TEXAS FINANCE CODE CHAPTER 392 SECTION 6, TEXAS LAW, TRUSTEE DUE DILIGENCE
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