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Question

Hello, My original mortgage went bankrupt and my loan was transferred to Ocwen in August. I've sent in two loan modification packages to Ocwen, only to be told that my information is incomplete, after being told previously by someone else that they had everything they needed. These people call me everyday; they never leave messages and most of the time when I try to answer, their automated phone system tells you to "please hold," then it disconnects. I've been also been getting about three notices a week. I have asked them why they call me everyday when I have a payment arrangement already worked out with them and they tell me that they are allowed to because I'm behind. Is it legal to continually call someone who already has a payment arrangement in place? Is there any action I can take, legal or otherwise? Thank you for your time.

Submitted: 15 days and 15 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Colorado

Already Tried:
Nothing so far, not sure where to begin.

Posted by FLandNYLawyer 15 days and 15 hours ago.

Info Request

do you have a signed modification agreement

15 days and 15 hours ago.

Reply

No, I've sent in two packages; I'm trying to get everything together for a third. They have told me both times that my information was incomplete.

Posted by FLandNYLawyer 15 days and 15 hours ago.

Answer

Hello,

Thank you for your question.

Absent a signed modification agreement from the lender, there is no forbearance or agreed-upon payment plan. Therefore it is illegal for the creditor to concede to attempt to collect the debt.

However it is a violation of the Federal Fair Debt Collection Act (FDCA) for a debt collector to use unfair tactics such as harassment, false statements, notify third parties or threaten acts they cannot legally undertake.

15 days and 15 hours ago.

Reply

So, legally they HAVE to call me everyday, even when I have made an arrangement to pay a portion of what I am behind? And what constitutes harrassment? Thank you for your patience.

Accepted Answer

Hello,

They are not required to call you every day. However they may call you daily. Harassment needs to be defined by the circumstances. If you notify the collection agent not to contact you by telephone, any continued contact by telephone would be considered harassment.

Until you have the agreement in writing, you do not have an enforceable agreement.

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Expert: FLandNYLawyer
Pos. Feedback: 97.2 %
Accepts: 
Answered: 11/5/2009

Attorney

20 years of private practice

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