Legal Question in Real Estate Law in Nevada
Harrasment
I am within a year of paying off my house. In the past 28 years I have made late payments, according to financial situation. My mortgage company adds the customary late fees, recently they have begun adding an additional fee to have someone drive by the property to make sure it is not abandoned if the payment is late. I lost my job 6 months ago and it affected my ability to pay on time. Now the mortgage company has begun harassing me by phone if the payment is late.
Starting by the 5th of the month (payment due on the 1st, late fee added on the 16th) I receive up to three calls a day. I made a written request to stop the calls as they where causing me headaches and to be stressed. I followed with a call to customer service, they assured me that they would not call again. They then began the collection attempts by mail even though we had come to an agreement. As agreed I made the payment.
As a new month begins the phone calls started on the 15th. . Each time that phone rings and it is the mortgage company the headaches start and I end up in bed. I have told them they are making me sick and as a result, counter productive. What can I do to stop the harassment and are these �drive by fees'' within their right?
1 Answer from Attorneys
Re: Harrasment
You need to hire a lawyer so that I can act as a buffer. If it is a collection agency, they are prevented by law from contacting you once you hire a lawyer and if it is the lender collecting for itself, they will usually stop calling you if you hire a lawyer because it shows that they are serious about it.
As to the drive by fees, ask for a receipt showing the payment and you want to know who drove by and when. If they can't prove it, you should not pay it.
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