Failure of interested party to furnish the information required

85. Failure of the owner or other interested party to furnish the information required by this section does not excuse any claimant from timely giving a preliminary 20-day notice, but it does stop the owner from raising as a defense any inaccuracy of such information in a preliminary 20-day notice, provided the claimant’s notice of lien otherwise complies with the provisions of the related chapter.
86. Allegations are the foreclosure agents assert the claimant information was given by a preliminary 20-day notice and the information contained in the 20-day notice is inaccurate, the claimant shall, within 30 days of receipt of this information; serve an amended notice in the manner provided in the FDCPA or other section.
87. Such amended notice shall be considered as having been given at the same time as the original notice, except that the amended preliminary notice shall be effective only as to work performed, materials supplied or professional services rendered 20 days prior to the date of the amended preliminary notice or the date the original preliminary notice was served on the owner, whichever occurs first.
88. Allegations are the purpose for filing the FDCPA claims are for an unsecured obligation purported charged and written down to an affirmed market value.
89. Allegations in support of actual claims are compelling from pre-discovery and are presumed sufficient to overcome a 12(b) 6 motion for failure to state a claim.
90. Pre-discovery demonstrates that the mortgage foreclosure is for the underlying financing provided the lender FBO a shelve registration versus the mortgagor at settlement. This argument supports allegations causal to claims holding the foreclosing parties to promulgate a foreclosure by mass confusion and orchestrated ambiguities.
91. Allegations in support of claims are further heighted by foreclosing parties having substituted a subordinate interest in the title that is siesed at settlement in exchange for an equitable interst in the estate that is free of all liens and encumbrances. Said subordinate FDIC Bank credit lines are accredited offsetting the commercial lines paid off at time of settlement.
92. The transfer of equitable interst from the estate is by conversion of the subject matter obligation given to the consumer household. Conversion lifts the mortgage obligation in favor of an economic reversal or general ledger debit and credit of assets and liabilities as a bonefide transfer and sale; as if the transfer is to a third party purchaser of value.


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