The trustee or substitute trustee in a non- judicial foreclosure can Not a debt collector. A mortgagee or mortgage servicer may make an appointment or authorization under this subsection by power of attorney, corporate resolution, or other written instrument.
Clearly, these debt collections attorneys are in violation of the Texas Property Code when they unlawfully sign the notice of default letter to execute the power of sale clause in the deed if trust without standing. There is no power of attorney, corporate resolution, or otherwise written instrument filed in court to provide legal authority for the debt collector (attorneys) to initiate the non- judicial foreclosure. This is a fatal flaw to the foreclosure action so I’m upgrading the lawsuit package to be more clear on the issue, and the issues of a “Federal Question”. The FDCPA mandates attorneys and law firms must have a license to be a debt collector, have a bond and they must be registered with the Attorney General in the State they are collecting in. The debt collectors and their law firms are not licensed nor do they have a bond to collect debts. There is no agency to provide licensing or to police unlawful debt collectors. The updates to the lawsuit package will reflect more clearly these Federal Law violations. If you are ready to stop playing around and get your wrongful foreclosure lawsuit filed, click on the link below make your investment and call me for your free strategy session.
TEXAS PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO LIENS
Sec. 51.0075. AUTHORITY OF TRUSTEE OR SUBSTITUTE TRUSTEE.
(a) A trustee or substitute trustee may set reasonable conditions for conducting the public sale if the conditions are announced before bidding is opened for the first sale of the day held by the trustee or substitute trustee.
(b) A trustee or substitute trustee is not a debt collector.
(c) Notwithstanding any agreement to the contrary, a mortgagee may appoint or may authorize a mortgage servicer to appoint a substitute trustee or substitute trustees to succeed to all title, powers, and duties of the original trustee. A mortgagee or mortgage servicer may make an appointment or authorization under this subsection by power of attorney, corporate resolution, or other written instrument.
(d) A mortgage servicer may authorize an attorney to appoint a substitute trustee or substitute trustees on behalf of a mortgagee under Subsection (c).
(e) The name and a street address for a trustee or substitute trustees shall be disclosed on the notice required by Section 51.002(b).
(f) The purchase price in a sale held by a trustee or substitute trustee under this section is due and payable without delay on acceptance of the bid or within such reasonable time as may be agreed upon by the purchaser and the trustee or substitute trustee if the purchaser makes such request for additional time to deliver the purchase price. The trustee or substitute trustee shall disburse the proceeds of the sale as provided by law.