Legal Question in Credit and Debt Law in New Jersey

home loan harrasment

We have a second mortgage taken out on our house (which we got screwed with) but we have requested an extension from the company over two months ago and to make a long story short out leave out why it took so long for them to do that! Anyway, this lady that works for them keeps calling my husband, i guess to discuss the details? I don't know though because every time she calls and he tries to talk to her she starts to get an attitude and starts to yell at him for no reason. He has asked her numerous times to stop treating him this way and it gets to points where he just hangs up on her. After he hangs up she'll call back as many as 11 times. I answered the phone the other day cause he was nearly in tears and I didn't belive anyone could be that mean! As soon as I answered she gave me attitude said she wanted to talk to him, yelled at me and said i was lying when i said he wasn't around, she said,''I know this is his cell phone so go get him'' I told her no he wasn't there because he was loading up his car (which he was, with his deceased gmas records so we could sell them and buy some food for our family) and this lady was like, ''oh, loading up the car huh, what he going on vacation?'' she's very rude and harrasing what can we do?


Asked on 8/15/08, 8:05 am

2 Answers from Attorneys

Re: home loan harrasment

First, record the conversastions! Only one party must consent to rrecording in NJ. Call back, and see if you can get that woman to become super bitch on the phone again - have your husband tell her it was very unprofessional of her to verbally abuse you, and see how she responds. Then, contact Rebecca Stone at Legal Services of New Jersey (732-5 7 2-9100, she's terrific. There's a chance that if she is so abusive, then the loan may be a predatory loan, or that the loan may have been sold, or you may have some other options.

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Answered on 8/15/08, 9:42 am
John Corbett Corbett Law Firm LLC

Re: home loan harrasment

There is likely a violation of the Fair Debt Collection Practices Act to be found here even it the mortgagee is acting for its own account. There are a handful of NJ firms that focus on FDCPA violations and will be able to help. Google "NJ FDCPA lawyer".

Also, be sure that both you and your husband tell this person that you do not want to be called. Do that with a witness present if possible. Back it up with a letter to the morgage company. Then save your phone records or keep notes of any violations.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/15/08, 9:44 am


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