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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Springleaf mortgage had sold my loan to a debt collector. They

Customer Question

Springleaf mortgage had sold my loan to a debt collector. They stoped taking payments from me and said I would be contacted. Did not hear anything back no phone call or mail. I called and spoke with them again and got the same response 6 months later nothing. 5 months later I went for a loan and was told I am behind over a year on a mortgage. I called Springleaf mortgage and no response. Ordered my credit report and found out it was a bill collector. I contacted them , they said I owe on a house that I have and I told them it was not the right house. The house it is , is 1813 Lexington Lorain oh, they have*****st marys oh. I have been paying them the payment every month since and they want the loan brought up to date and I don't have it. They want to do a modification but the house that say I owe on I sold. I can't find original loan documents from Springleaf and they told me they forwarded all that to the debt collector. I went to county and pulled documents on the*****and Springleaf is not filed. My credit is hit with them on their with the lateness of my loan And I have been making payments for last year and a half. What can I do to fix this?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. What someone in your situation may wish to do here is to file for a declaratory judgment (or threaten to do so) under Ohio's Chapter 2721. See HERE. This kind of lawsuit will ask the Court to determine the rights/duties of parties under a contract. In cases of real estate, it would also help the Court to decide what payments are to be applied towards the balance. (This kind of suit may also be brought under a Quiet Title action.) Once this is done, the Court will look at the history of payments and calculate what should be applied and then order the total be adjusted to whatever the amount should be. Legal fees and attorney fees may be paid to the winner. Punitive damages are possible under Ohio's 2315.21. NOTE that perhaps a letter threatening such a lawsuit may be helpful in having them cooperate instead of needing to file suit. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!