Legal Question in Real Estate Law in California
I did a motification on my home last August. A month after my loan was sold to an investor who is my new lender. The new lender contact me on September and started harrassing me.He requested papers as if I were doing a refinance or asking for a new loan. When I told him I did not have to provide him with such papers he threaten me by saying he did not have to honor my modification. I contact my old lender and they told me he had to because he bought the loan modified. I got sick because of this and told him to stop verbally abusing me and causing me mental distress. He stopped for a few months but he started harrassing me again. I have been paying my loan. I have paid late but I pay my late fees.He calls me everyday. I do not answer his call. I do not know my rights and do not know what to do. Can somebody please help me.
1 Answer from Attorneys
You need to contact an attorney who specializes in consumer law, and specifically who represents clients in Fair Debt Collection Practices Act litigation. While the lender is entitled to call you, they cannot harass you. By paying late, yes, you are inviting collection calls, but there is a fine line that if a lender crosses, he may become liable to you. Contact the County Bar Association for your County to obtain a list of referrals to attorneys who practice in this area. As for the modification, if it was finalized prior to the loan having been sold (meaning not just that you completed the trial payment plan, but that a formal modification agreement was signed by everyone, and recorded), then the new investor must take the loan subject to that modification and accept its terms. You need to be sure, however, that it was in fact completed. It is the except to the rule that modifications are actually finalized, so you need to verify that this was all completed.
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