Legal Question in Credit and Debt Law in Pennsylvania
creditors' rights on mortgage
We are having financial difficulties. Recently fell behind on mortgage payments. Trying to get caught up, made 2 payments within two week span-trying to double up to get caught up-received insurmountable # phone calls (some times 5-6 per day) (obnoxious calls)...long story...one call advised they refused to accept mortgage payments, but checks cleared our bank account, they have previously called our neighbors and left messages, called former place of employment, harassed at work, etc., etc.-also been receiving insurmountable # of hangup calls from out of caller ID area-believe it to be mortgage company reps. Do we have any rights to stop this nonsense, not to mention the insurmountable amount of correspondence received with a different balance due each time--another long story--need help with this matter..
2 Answers from Attorneys
Re: creditors' rights on mortgage
This is a major problem with collections. They are not allowed to harass you, according to federal law. Have you given thought to bankruptcy? There is a strong possibility that you can keep your house with the filing of bankruptcy.
Re: creditors' rights on mortgage
I suggest you consider working out a mortgage modification agreement with the Bank. I have done this many times with lenders. The basic problem is that you are in default of your mortgage obligation and if you do not take action you can be involved in a mortgage foreclosure action. That will only increase the cost to reinstate and subject your home to a sale by sherrif. There are many steps that you can take to protect yourself. Do not ignore any notices that you receive from the lender. Follow through with action and you should be able to protect your ownership of your home. Your mortgage documents must be reviewed to fully understand your rights and obligations. Being upset with debt collectors does not solve your problem even if the debt collector is acting improperly. If I can be of any assistence please call. Gerald Hershenson 215-579-9390.