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My wife and I co-signed a FHA home loan for my daugher and

her husband. the two were...
My wife and I co-signed a FHA home loan for my daugher and her husband. the two were devorced and the husband got behind on the loan. In order not to ruin our credit I was able to get him to sign a quit claim deed in order to avoid foreclosure. All the back payments were caught up and we are paying the monthly payment well before it is late. Despite this, the mortgage holder will call after the 1st asking us when the payment is going to be paid..What are my legal rights with reference to this harassment. We have been late maybe once in the 40 years we have had home loans. I find this very distasteful.
charles
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Answered in 24 minutes by:
10/6/2013
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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In the United States, the Fair Debt Collection Practices Act (FDCPA) outlines what debt collectors can and cannot do to collect a debt.

 

Call your lenders customer service department. In some cases they can assist. I also have had some good results calling the senior executives and explaining the situation. In many cases they will have an assistant look into the problem. Get the number from customer service.

 

Legally, In order to stop the harassing calls write the creditor a letter telling them to stop calling you. The letter can state they are in violation of State and Federal law and continued calling/harassment will lead to a civil suit. Your communication must be in writing, and if possible get a proof (certificate) of mailing to show that you contacted them. Once the creditors receive the letter, they cannot continue to call you unless they can prove that you owe them money. Verbal requests to stop calling can be ignored a written request cannot. Make sure you keep a copy of all correspondence.

 

If calls continue get the name of the caller. Keep a log of all calls. Under the FDCPA you may be entitled to monetary damages and your attorney's fees if the collector is found to be in violation. It would be worth you while to contact a local consumer law attorney.

 

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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Jack R.
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Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
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Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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