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Old 01-05-2009, 03:28 PM   #8 (permalink)
The Professor
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Re: When we get that first lender phone call...

KT in CA said, "I have searched online to find a sample letter to send to our mortgage company. I know you said that I can request they only contact us in writing, but I don't see anywhere in the CA laws where it says that applies to original creditors. Just debt collection agencies."

You are correct. There is nothing I'm aware of that restricts the creditors. However, the term "debt collector" should be broadly interpreted. A good definition is as follows:

"A debt collector may be an employee of the creditor, a member of a firm or company which collects debts on a creditor’s behalf, or attorneys who also perform this service."

In virtually all of these settings, the entity you are talking to isn't the creditor, but handling the account as a loan servicer. As such, one of their primary responsibilities is to act as a debt collector.

Daniel
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