Lenders Calling Before Payment Due
A relative's husband has been fighting the war for almost 1 year.
The wife was falling behind on the monthly mortgage payments ... a couple of 30-day lates. She said the lender was calling before and after the due date when the payment had not been received. She explained the situation about her husband overseas fighting the war. But the lender did not care.
Now the family is help out and she has been on time. But the lender is still calling before the due date as a "friendly reminder" of the payment. They state because she now has a record of being 30-day late twice.
What can she do to have this lender stop calling as their "friendly reminder" of the payment? What can be done to remove those 30-day lates?
I think it's called "Harassment", and if you notify the lender in writing, via a certified letter, so you've got a paper trail, they HAVE to quit calling, or well, by law, they're supposed to, anyway. Go read on this page: http://www.stretcher.com/stories/971203a.cfm
You CAN put a stop to it, but it takes determination...
cheryl,
assuming your relative's husband is in the military, have your relative call the husband's unit or someone in the base legal department. service people that get deployed can often use the soldier's/sailor's relief act to get assistance when deployed to fight a war. at minimum the base legal team can at least help the wife get the lender straightened out.
i had this problem when i joined the marines and needed help with a car note.
as long as this lener is the original creditor or an assignee of such and not a collection agency, they DO NOT fall under the FDCPA (Fair Debt Collection Practices Act) which forbids harrassment from a debt collector, even by phone.
The lender is not a debt collector, therefore they have nothing to prevent them from calling in this situation. I would have this relative look at their promissory note to see if the lender made an addendum or section for past lates. I would gather that it's probably not the case, just an overzealous lender. If they are not currently late on the note, there really is no reason why they need to call to remind one to send pmt in. I would consult an attorney or their state's attorney general, or maybe the www.FTC.gov website but my guess is that your relative will be wasting time doing it. Of course, they can get caller ID and just don't answer the call!
[addsig]
i forgot to mention that sending them a letter asking them nicely to stop may work. send it CRRR (cretified, return receipt requested) to keep a paper trail.
[addsig]
ok, that is flippin funny