Legal Question in Credit and Debt Law in Florida

Mortgage loan closed 5 years ago, creditor trying to collect a payment.!

I sold a single family home approximately 5 years ago. Last week I received a letter from a collection agency representing a lender that claims that I missed a payment during the time they had my mortgage. I don't know if they are telling the truth or not, it's so long ago. However, I have a notarized and recorded ''Satisfaction of Mortgage'' for the loan they're referring to.

Can they legally do this if they made a mistake? If so, then why pay an attorney to have a closing, loan payoffs and ''Satisfaction of Mortgage'' etc. if they can come after you anytime they'd like?

They said if I don't pay they are going to send it to my credit report, which is impeccable!

HELP!


Asked on 7/18/05, 12:18 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Mortgage loan closed 5 years ago, creditor trying to collect a payment.!

The collection agency is attempting to do indirectly what it cannot do directly. It is still a violation of the FDCPA. Since you do have an attorney, advise him/her of what is happening regarding the threat to collect an unenforceable claim.

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Answered on 7/18/05, 1:22 pm


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