“The Fair Debt Collection Practices Act applies and it is a violation thereunder to engage in harassing conduct in the collection of a debt. Under that Act, debt collectors cannot harass borrowers, yet borrowers are allowed to harass them (in the event of threats against personal safety or repeated harassing conduct, you may wish to explore filing a police report, which is not prohibited by the FDCPA. Unfortunately, the law is replete with double standards.”
Dealing with a Rambo-Type Foreclosure Litigator
You know the type: the borrower’s lawyer contests foreclosures by challenging every aspect of your Complaint; he raises MERS as an issue when MERS is not even named in the mortgage; he serves boilerplate discovery requests (likely downloaded from the Internet) seeking documents about securitization when the loan was never even pooled or securitized; he requests the depositions of everyone involved with the loan; he sends nasty letters every other week making baseless threats and/or threatening to contact the media; he appeals adverse decisions whether or not there is any merit; he claims that documents have been robosigned – a term he likely stumbled upon unwittingly while browsing the Internet for ways to defend foreclosures.
He does this to create delay; to run up your costs in order to leverage a favorable resolution such as a loan modification, short payoff, or principal forgiveness; and/or out of pure spite.
This person will cost you time and money. He will not allow you to proceed through foreclosure at the usual pace so delays and delay tactics should be anticipated.
It may seem like a wise business decision to settle early, particularly if the value of the collateral is low.
Any settlement with this person should be memorialized by a settlement agreement containing a release by the borrower of any/all past/present/future claims (known or unknown), non-disparagement and confidentiality clauses (“shut-up clauses”), and a damages provision for breach of the shut-up clauses.
You can check out the rest of this propaganda piece here…