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LadyLawyer12
LadyLawyer12, Lawyer
Category: Legal
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Experience:  Practicing attorney with over 8 years experience in civil and criminal law
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I have a motgage loan that I got behind on,and had a consent

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I have a motgage loan that I got behind on,and had a consent judgement filed against me,which I agreed to.This was two years ago,July,2011.I've made regular payments plus $50.00 ever since.I've never received statements,so last May with my payment I sent a note asking for loan information (principle,interest,balance ).I also asked if I could gat set up on line to make my payments.Someone did call me,but told me I would have to get that information from the attorney's office.I called the attorney's office and was told my account was transfer to a different attorney.I called their office and the person that answered told me I wasn't in their system and they would have to find the hard copy and call me back.I've never heard back from them.One thing I forgot was that I also told them that I never received 1099 forms for two years for tax purposes.Thay did send those finally May of this year.If I didn't make the payments on time,I would have been found in default and my wages would have been taken.Since they don't keep me informed about my balance shouldn't they be found in default?
Submitted: 11 months ago.
Category: Legal
Expert:  LadyLawyer12 replied 11 months ago.

Good afternoon. I am the legal expert that will assist you in this matter.

 

It is my understanding that you signed a consent judgment a few years ago. Since executing the judgment, you have made all payments consistent with the entry. However, you have not received any documentation from the mortgage company regarding these payments. Despite the consent judgment that you agreed to, the mortgage company should keep you apprised of the outstanding balance on the loan. It is a requirement of the Fair Debt Collections Act practices. To gain this information from the mortgage company, you should send them a letter requesting your current balance. Give them 20-30 days from the date of the letter to provide you with your balance. In the meantime, please try to gather all evidence of payments that you made to the company.

 

You can take the position that they are in default of the entry by failing to provide you with the balance. However, all the mortgage company needs to do is to take the entry to a judicial officer and then you will be fighting an uphill battle.

 

Please let me know if you have any additional questions. Given that I am a practicing attorney, I may not be able to respond to your follow up questions immediately, but I will respond as soon as my schedule permits.

LadyLawyer12, Lawyer
Category: Legal
Satisfied Customers: 84
Experience: Practicing attorney with over 8 years experience in civil and criminal law
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