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Can I sue my mortgage company for aggravated conduct, fair debt collection practices act

South Milwaukee, WI |

what are the grounds for punitive damages for aggravated conduct? I have been trying to work with a mortgage company since May 2008, I've been lied to, threatened, , yelled at, order to do something, yet no one has addressed the original problem. I try with every ounce in me to answer the phone when this company calls, however within 5 min of the call I'm accused of being a lier even though I hold proof that another department within the same company has faxed me.

This same company has sent me a modification contract that is false. It has incorrect information regarding balances, yet they are trying to force me to sign it. It doesn't state the term "Fixed" yet I am being told it doesn't have to, it's in the wording, but no such wording exists except in their minds. I have contacted the media both local as well as CNN. This company refuses to answer any request for a solution either from me or the media, but continue to try to strong arm me. I have paid everything to date and am only late one month, which will be brought current shortly. Surely, there is some possible legal recourse I can explore for the constant and extremely unprofessional conduct received & continued to receive from the Executive Group at this company?

Attorney Answers 1

  1. There are both state and federal laws regulating debt collectors. Depending on the details, it sounds like this conduct may violate the Fair Debt Collection Practices Act, which is a federal law. There are no doubt laws in your state too that regulate debt collectors, and may be even stricter than the FDCPA.

    In addition, mortgage lenders and servicers have many duties and obligations, under both federal and state law, and from your question, it appears that they may be violating the federal laws. Since I don't practice in your state, I don't know the state laws that are applicable.

    You need a consumer law attorney who is knowledgable in mortgage foreclosure defense and consumer debt collection law to obtain the best result. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who can help you.

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