Foreclosure threats making banks accountable, puts the shoe on the other foot.This long-running saga revolves around what happens when you stop paying the mortgage for three years. And what to do when they threaten to take you to court.
During those three years no one at the bank has proven the existence of the debt. Yet the bank makes threats about foreclosure. Without substance. Playing mind games.
So you ask them to provide fully audited accounts to prove the debt they’re chasing. Because after three years they still can’t or won’t provide the audited accounts.
Next you report them to all the financial regulatory authorities, which makes no difference.
And still no living soul at the bank will talk to you, or meet with you. So you send them a final offer to provide the proof of the debt or you’ll cease all communications with them.
Foreclosure Threats Making Banks Accountable
If banks don’t provide the requested audited accounts or proof of debt after multiple requests, they’re essentially not meeting their legal or ethical obligations. Failing to demonstrate that the debt they’re chasing is valid.
Financial institutions are required to maintain proper documentation of loans. This includes the original agreements and records of any payments made or changes to the loan terms.
If the banks fail to provide this, they could be in violation of consumer protection laws. And you could report the banks to financial regulatory authorities.
When you report the bank to financial authorities it can trigger an investigation. Or perhaps it may prompt some action from the bank. However, this can often be a lengthy process. There’s no guarantee the authorities will take immediate action.
Unless, of course, the bank is aware of regulatory capture, knowing the regulators dare not take action. Still, it creates a formal record of your dispute, which could help if the matter escalates.
When Banks Commence Legal Action
If the bank can’t provide the requested proof and you cease communication, they may still attempt to take legal action to recover the debt.
However, without evidence of the debt’s validity, they could face difficulties in court. As they have to prove the debt exists and that you owe them money.
This could ultimately result in the case being thrown out or delayed.
Continued Debt Collection Efforts
The bank may continue to attempt collection efforts, potentially using third-party debt collectors. They might still threaten court action or garnish wages. But without the proper documentation, it could undermine their position.
If the bank moves forward with a lawsuit, the court will likely ask them to provide proof of the debt. And if they fail to produce the required evidence, the case could be dismissed. In some jurisdictions, they may also face penalties or sanctions for failing to provide documentation.
Making Banks Accountable
Ceasing communication and demanding proof of the debt puts the pressure back on the bank. In legal terms, they have the burden of proof. If they cannot prove that you owe the debt (with audited, verifiable records), they’re on shaky ground.
The banks may still try to intimidate you with threats of legal action. But you’re within your rights to request that they provide the necessary evidence to back up their claims.
If the bank sues you despite not providing proper documentation, you can counter their claim in court. You can showing that the bank still fails to meet their burden of proof.
In some cases, this could result in the case being dismissed or significantly delayed.
It’s a tough position to be in. But standing firm on your request for documented proof of the debt and continuing to push for transparency is a strong approach.
Banks rely on people being intimidated by their power and resources. But with persistence and proper documentation, you can challenge their actions effectively.
This isn’t the end of the saga. The story continues…
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