Legal Question in Real Estate Law in California

Mortgage company in breach of contract??

We bought a house 1/2002. We went thru a large nation wide bank. Our contract stated for the first year we have a ''buy down'', the second year we would pay a little more, the third year we would pay regular amount. Since the first payment, which was (per the contract) to have been 1298.00, we have been getting harassing calls from the mortgage company stating we are to pay 1598.00 per month. We have called the mortgage company and it has been ''under research'' for the past six months. Still we receive harassing calls from the Mortgage co. collections department, here at home AND at work. We have told several supervisors who are researching our problem..*note the sarcasm* to belay the calls. The Mortgage company had made damaging reports to several credit bureaus, re: late, incorrect payment. We have been very patient, is there anything we can do, as it is affecting our lives greatly. We have it in writing, the amount we are to pay. Why won't the mortgage company get their records straight? Bottom line, can I sue them for illegal harassment, and breach of contract? The people that call are VERY rude, and it is very disheartening to get these calls at work, AND at home. Especially as we have done nothing wrong! HELP!!


Asked on 9/04/02, 1:25 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Mortgage company in breach of contract??

You could have a basis for suit. Libel for reporting your payments late, violation of State and Federal laws regarding collection practices, perhaps more. The breach of contract is minor, compared to the other activities.

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Answered on 9/04/02, 11:48 am


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