Legal Question in Credit and Debt Law in South Carolina

Mortgage harassment

My second mortgage company harasses me from the due date for payment to the time they finally pick up their mail. They call me at home three-four times a day and at work. I sent a letter informing them not to contact me by phone and they still do. My payments are always on time.


Asked on 4/30/01, 3:34 pm

1 Answer from Attorneys

Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Mortgage harassment

I would suggest that you write your second mortgage company a letter stating that they not continue to harass you. This letter should be sent certified mail, return receipt requested, and you should keep a copy of the letter. This conduct by your second mortgage company may constitute invasion of privacy which may subject the company to liability. This harassing conduct may also violate the implied covenant of good faith and fair business dealings which is implied in every consumer contract. If you have been damaged in your business or property as a result of this harassment, this may violate the South Carolina Unfair Trade Practices Act. Additionally, in South Carolina, we have criminal phone harassment statutes which may apply. Also, your second mortgage is subject to South Carolina and Federal consumer protection laws. I would need to know a little bit more about your loan. If you would like to discuss this matter further, you may contact me at 1-864-231-8870.

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Answered on 6/19/01, 5:30 pm


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