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Can i sue my mortgage company for unfair debt collections on a current paid mortgage that they report as late and sent later wit
Anonymous3 views3 answers
Over paid on mortgage but the bank added an escrow after taxes were paid. Called and sent a letter to have it removed. And asked that they not process check and we also placed a stop pay on the check. And then sent another check for the corrected amount the next day. They cashed both checks. Jesse car stated this would not happen. In the process they over draw our bank account. Called the bank to have them report the charges as fraud since they processed the payment as an ach instead of sending the check to the bank. Called chase on the phone for 8hr trying to get our money back. Chase conference with my bank who confirmed the check has posted to the account. Andy then confirmchase would issue the check and my bank could closeissue now chase reversedcheckwesentbackdamagesentforeclouser
You can sue if you want, but if you had ever been involved in a lawsuit, you might want to rethink your strategy. Federal law requires you to take steps to correct any mistakes the mortgage company may have made on your credit report and you must prove that you sustained damages that you can measure in dollars & cents.
However, there may be state laws that also address issues of debt collection & I would urge you to look for these laws on your states webpage before you proceed.
Hope this perspective helps!
First, you have no control over whether a check is sent through as ACH or gets sent to the bank.
Second, the mishap with the checks is unfortunate, but common and not illegal. You should have just let the check go through and dispute it with the mortgage company.
Third, send a Qualified Written Request to the lender at the addressed specified. You can find lots of samples online. You are questioning the application of funds. While you are at it, find out who actually owns the loan.
When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law.
The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.
However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.
You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!
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Good Luck!
