Legal Question in Real Estate Law in New York

Non-stop Mortgage Harassment

I am one month behind in paying my mortgage. The bank (or its proxy) calls me at work at least 7 times per day, has started calling my neighbors randomly and alerting them of my supposed 'credit issue' (asking them to contact me and to compel me call the back) and my parents and telling them that I have a credit problem. I live in an apartment building and don't know most of my neighbors, and have no idea how they tracked down my parents. How is this legal? They are causing me reputational damage in my personal and professional life and exacerbating the problem.


Asked on 3/11/09, 6:01 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Non-stop Mortgage Harassment

It is not legal. I refer to you to 15 USC section 1692d. (Fair Debt Collection Practices Act). Pursuant to Federal Law,

"A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3) of this title.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller's identity.

It seems that the creditor is violated subsections 1 and - by contacting your neighbors - 3.

Mike.

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Answered on 3/12/09, 9:24 am


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