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Capital One's Right to Cure

NightShadow · April 19, 2026

My motion to Dismiss is on Thursday and I have a couple questions that I am unsure of and having a hard time to understand. I am hoping that someone might have an answer as it is something that I am going to raise in my case and I feel logically it makes sense, but I am wondering more of what the law says about it. Hoping maybe someone with more legal mind or Brian could possibly respond to this question.

Capital One has attached the Right-to-cure that was sent (to an address I didn't live at the time and did not receive) however, that is not the question as I am already going to go after that direction.

My question is about Right-to-Cure they are using Discover Bank Right to Cure but if Capital One is the sole and surviving Entity wouldn't they need to file their own Right to cure notice before filing suit?

I mean either way they are going to be trapped they are going to admit that they inherited all of Discovers things including their violations or they are going to admit that they did not send notice and violated the state statute.

7 replies

  • brian · April 20, 2026

    Just my two cents. I like your chances. The question is who owned the debt or serviced it to have the duty to send you the "Right to Cure" Letter. That's a whole kettle of fish too. I would check out that letter for authenticity also. Make sure you have affidavits (sworn in front of a notary) to kill the bias of the court. The state you are in is huge too. See my Right to Cure video, one of my favorites. As I may have mentioned, I heard two collection attorneys complaining about the Right to Cure and it led me do that video based on their complaints. Turned it around on them and it is helped a lot of people. Go get 'em. Thank you.

    BPP

  • NightShadow · April 21, 2026

    Thanks Brian. I will definitely update on Thursday or Friday of what actually happened.

  • brian · April 22, 2026

    Looking forward to it. Make sure you document everything and get it all on the record with polite and respectful purposefulness if you catch a whiff that judge may be wrongfully going against you. I will be doing a video on this appeal and records making to protect people later on down the road. Let me know what happens. BPP

  • NightShadow · May 9, 2026

    so, I meant to come back here and explain what happened. Unfortunately, the judge denied the Motion to dismiss on saying that although the right to cure was not sent to my residence at the time that it was sent to the last known address that they had. I am in the process of asking for a continuance from their MSJ because they have done so many things in this case that it seems like a complete delay tactic. They still have not sent any documents to my actual address which has been on file with the court since Jan. I moved in December and they still have not updated their records. Therefore, the motion for Summary Judgement has been added with a date on the docket but it is not right before the court since I have not been served properly. I also am waiting on my discovery to come back as it is pending and is not due until after the MSJ hearing is scheduled and we can't have a MSJ if I still am waiting on information which would be important to know prior to the MSJ happening.

  • NightShadow · May 9, 2026

    The judge I guess was set in her mind that I was just another person who is trying to do their own thing and basically just denied the motion. Although she was kind of shocked when I stated about the Securitization and if they actually had the rights of the lawsuit. She was very intrigued in this and asked me to explain further what I meant. I explained that if the item was in the trust, then they would need to prove that they are able to sue for the trust as well as who is the authorization to allow for it to be done. The defense of course just referenced that they are the ones that took over the merger which I explained that does not mean that they have the rights for this particular account. I also brought forth that my address is not correct which the judge informed the plaintiff attorney that it needed to tell its client to update the records. However, upon that hearing they still have yet to send me anything to my residence for the MSJ motion and it is only known about upon self-discovery, and the court sent a notice of the date/time.

  • NightShadow · May 9, 2026

    had to break up the comments because it is only allowed 2000 characters or less

  • Splash · May 27, 2026

    Let us know what happened in regard to Motion for Summary Judgement.

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