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The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

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Sunday, July 01, 2018

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Edwin Bell

Attorneys that file non-judicial foreclosures in Maryland include a "Mini-Miranda" on their debt collection notice included at the bottom of each correspondence. Substitute trustee notices include a statement of debt which may or may NOT be accurate.

Substitute trustees have been abusing their power when conducting non-judicial foreclosures since 2008 when foreclosure scams where at their height. The fact that many non-judicial foreclosures were filed with fraud is not a secret, it has been occurring for many years. The National Mortgage Settlement began over the conduct of substitute trustees filing illegal foreclosures.

The penalties for violating the law are minuscule compared to some of the offences. Compensation and penalties for serious violation of the law, like felony crimes must be addressed. Currently FDCPA complaints are NOT worth filing...they cost more to file then FDCPA's compensation will reimburse. FDCPA does NOT protect victims of crimes conducted by attorneys who file suspect cases with intentions of malfeasants.

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