Legal Question in Credit and Debt Law in Pennsylvania

I have been in a dispute with my mortgage company about the first payment due date. I signed paperwork for my mortgage stating first payment was due on october 1st, 2010. I recived a welcome letter and my first statement saying that my first payment was due on November 1st, 2010. I called the mortgage company to confirm my due date and they agrred that it was due November 1st, 2010. I made my first payment on November 1st, the next statement said that I was behind one month. I called again they said that it was a mistake and my first payment was due on November 1st. This continued the next month and the same response. Now they are saying it was a mistake on thier end and I owe that payment. At this point I have over 850.00 in late charges and about 9 months of negative reporting on my credit report. What can I do at this point? I already filed with BBB and Pennsylvania attorney General and they told me to file a civil suit


Asked on 2/12/13, 1:59 pm

2 Answers from Attorneys
Glenn Brown Real World Law, P.C.

So are you considering a civil suit? I have an office in Delaware County.

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Answered on 2/12/13, 2:54 pm
Rachel Hunter

It seems like if it was the mortgage lender's fault, then you have an action for this. They obviously need to correct this - at this juncture, they need to just move the late payment to the end of the mortgage and advise the credit bureaus to remove the negative info about this debt. The lender also need to waive the late fees.

Before you go charging in with a lawsuit, have you disputed the reporting with the credit bureaus and sent the lender a certified letter outlining the problem? Even better, have you had a lawyer send the letter?

Filing a complaint with the Better Business Bureau and PA Attorney General is a waste of time. Neither can help you. Is the lender a national bank regulated by the Office of the Comptroller of the Currency for the US? If so, did you file a complaint there? Did you try the Consumer Finance Protection Bureau and file a complaint there? What about the PA Department of Banking? Do they regulate the mortgage lender? If so, did you also file a complaint there?

I think you need to explore these options or pay an attorney to write the lender a stern letter before you sue. If the letter and complaints to these regulatory authorities don't work and get results, then you can sue.

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Answered on 2/12/13, 10:34 pm


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