Our mortgage company says we're behind a payment. We hav sent them proof that we do NOT. Every time we speak with a rep , they give us different answers about why they say we are behind. Not to mention they are always rude, short, and don't want to hear anything we have to say. Late charges are adding up and it's affecting our good credit. What can we do?
State/Country relating to Question: New York
We have spoken to numerous reps. One says we were current as of June 2010. The last one said we missed a payment in May 2010. Twice we have faxed bank statments from the time they say we missed a payment til present. We do Not have copies of the checks as the bank has informed us the mortgage company just uses info from our checks and electronically withdraws the funds. The checks are either destroyed or kept by the mortgage company.
Good afternoon. Your bank is acting like a typical bank. They think because they have all the money, they can simply shove this stuff down your throat. And, most of the time, they do because people pretty much fold their tent and just take it. But, you should not. You should file a suit against them...seeking actual and punitive damages. Filing the suit will typically cause the bank to resolve this quickly with you, because the bank is just like a big bully....i) they beat up on people because most people let them, and ii) they back down quickly when someone actually calls their hand......the bank knows that when you take this to a judge, the game is over for two reasons...1) the judge will enforce the law rather than allowing the bank to simply make it up to suit their own needs; and 2) if you select a jury, the bank knows it's like the "Revenge of the Nerds" where everyone on the jury that has ever been screwed by a bank or other bully gets to exact their revenge....though they shouldn't, each juror brings their own lifetime biases to that jury room!
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Great! What kind of suit do I file? Can I do it on my own without an attorney?
You would file a breach of contract and/or lender liability suit based on them trying to enforce a debt you do not owe under the contract. If the amount is $5,000 or less, you can file this in small claims court without a lawyer. If the amount is more, you will have to file in a regular court and will need the assistance of a lawyer.
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