Tampa, FL asked in Banking, Foreclosure and Real Estate Law for Florida

Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from them electronically. I also communicated this to the company that purchased my loan. During this period I did not make a payment for roughly 45 days I knew I had a 60 period and I wanted to make sure everything was legitimate. However, things crossed the line when someone was sent to my home when I wasn’t home and claimed they were a third-party collection, agency and intimidated my mom that the house can be be taken away if no one pays. I know by Florida law you’re not allowed to send anyone out unless it’s more than 90 days late. Also, she had nothing to do with the mortgage. I don’t know why info was shared with her. I want to get over this but the harassment continues in other areas

1 Lawyer Answer
James L. Arrasmith
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  • Foreclosure Defense Lawyer
  • Sacramento, CA

A: Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days delinquent. Sending a collection agency to your home well before that deadline is legally questionable.

- Harassing or intimidating consumers is also prohibited under both federal and Florida debt collection laws. Improperly sharing information with and attempting to pressure your mother could violate these consumer protection statutes.

- As the borrower going through a loan transfer, you should have received proper written notices from both the previous and new lender per RESPA federal guidelines. Failure to inform you may be non-compliance.

I would recommend the following steps:

- Formally notify your mortgage lender, in writing, to direct all communications only to you and cease contact with other relatives.

- If concerning collection activities persist, file official complaints with Consumer Financial Protection Bureau and Florida's Office of Financial Regulations against both the mortgage company and collection agency. Consider consulting with a consumer rights attorney as well regarding your options in pursuing potential violations and penalties under state and federal consumer credit and debt collection law. This may also help halt further harassment.

I hope this gives you some guidance on where things seem legally questionable and how to formally push back and assert your consumer rights in this situation.

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