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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?

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Attorney answers 1

Posted

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 www.naca.net 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.

Asker

Posted

hello my name is evelyn and I'm having trouble with my Mortgage company. I started with a 11.75 rate they put my house in Foreclosure but I have Proof that my Mortg was paid in full and on time. They suggested a Modification at a rate of 8.75 they Lied to me they threatened me, and tried to strong arm me. The modification was broken so many times by GMAC and changed by them. The Company have false put my home in Foreclosure, Lied, Yelled and Threatened me. Surely there is someone out There who can Help Me. Thanks evelyn? emearidy@att.net is my Contact information, Thanks and be Blessed...

Margery Ellen Golant

Margery Ellen Golant

Posted

Unfortuantely, the sort of situation you are describing happens all too often. If you have payment records that will prove that your mortgage loan was current when the mortgage company started foreclosure, you definitely should able to fight back. However, the laws are different from state to state, and the attitude of judges varies widely. You will have to be able to prove what you claimed in order to win. It mght be possible to prove by obtaining GMACs own records. It is important to understand though that while you are permitted to represent yourself, the odds of being successful if you do so are virtually zero. You should consult an experienced foreclosure defense attorney to obtain specific advice regarding the defense potential of your case. Depending on all the details, it may be possible to successfully raise the issues you are asking about, and it may very well be possible to put on a viable defense to foreclosure perhaps relating to issues you are not even aware of. However, while people are allowed to represent themselves in court, it is a huge mistake to try. In order to do this effectively, you should obtain the services of knowledgable foreclosure litigation counsel. This is not something that even most attorneys know how to do. We have quite a few clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the "big guys" they need really qualified people to help them. Doing this properly is very difficult and detailed work. It is a very specialized area of law which most attorneys do not fully understand, and there are few if any consumers who would be able to put together any sort of viable defense. I am puzzled at why any non-attorney would think he or she could successfully handle a litigated matter without an attorney highly qualified in the area of law in question. This is comparable to doing delicate surgery yourself or a loved one if you are not a surgeon. The law is very complex, litigation rules and procedures are very complex, the strategic considerations are very complex, and the area of foreclosure litigation is something even most attorneys know nothing about as explained above. Every case is different, what might be possible in this situation would depend on the exact details and legal issues in your case. Only a really qualified foreclosure defense will know how to even figure out what those are. An attorney who really understands how this works needs to hear all the details. If you care how this turns out, I urge you to find an experienced attorney who is knowledgable. Good places to start are: http://www.maxbankruptcybootcamp.com/ http://www.bloomberg.com/news/2010-10-27/foreclosure-woodstock-lures-lawyers-to-max-s-farm-seeking-edge-on-lenders.html http://www.naca.net/

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