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Can new Mortgage servicer harass you to pay discharged mortgage that you are stay and pay

Discussion in 'Mortgage Bankruptcy' started by LupiR, May 16, 2013.

  1. LupiR

    LupiR LoanSafe Member

    My Ch 7 bankruptcy was discharged 2 years ago. I've been staying and paying ever since because it's cheaper than renting. Now Chase has just sold my loan to Residential Credit Services. They are harassing us with phone calls 5 times a day to get a payment. The phone calls start on the 1st of the month when we are still in our grace period and continue until we pay. They want a post dated check by phone or they will continue to harass. I thought they weren't allowed to try to collect on discharged debt. Any suggestions?
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Welcome and thanks for joining the community LupiR.

    Is this your 1st mortgage you are referring to? They should not be contacting you to collect on this account, but you will need to continue paying on the account to avoid going into default.
  3. LupiR

    LupiR LoanSafe Member

    I only have one mortgage. It was with Chase. They were easy. I'd just go to my bank and make the payment. Chase sold it to Residential Credit Services and they won't leave us alone. It's due on the 1st but I have 15 day grace period. They start calling on the 1st about 5 times a day to me and my husband demanding a check by phone or the phone calls won't stop. I've explained to them that I no longer owe this debt I am voluntarily paying it but they don't seem to get it. If this is how they treat their current customers...geez. They also want a $12 fee to pay by phone with a person, a $9 fee to pay by phone automated and a $5 fee to make an internet payment. The website seems kind of sketchy. I have a really bad feeling about having RCS as my loan servicer. I really don't want to be harassed the 1st two weeks of every month to make this payment.
  4. troubleinriverside

    troubleinriverside LoanSafe Member

    Contact your BK lawyer and have him file for sanctions against them in court. You will collect $$$. Judges take this kind of thing seriously, and will throw the book at them.
  5. moretrouble

    moretrouble LoanSafe Member

    Mine discharged years ago. I wrote to BOfA informing them of the discharge and the fact I was no longer obligated to pay and have no made a payment in 43 months. Now they call me evryday , sent me 5 loan mod packages. I gues they want a loan mod real bad. I will do what troubleinriverside suggests if they persist. Waiting to go judicial.
  6. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    They definitely should not be harassing you for a payment and I would do as Trouble has suggested. However, keep in mind that if you decide not to make anymore payments Residential Credit Services will eventually foreclose on the property. Just curious, are they Residential Credit Solutions?
  7. LupiR

    LupiR LoanSafe Member

    Yes Residential Credit Solutions. They are driving me crazy. I think this company has a reputation for foreclosing very quickly. I was on a repayment plan with Chase because we got behind a couple of months. They wouldn't honor my repayment plan. Fortunately, I was pretty much caught up anyways so I just paid the extra couple of hundred to bring it current. They still call. Even when you are current and in your grace period. They are very unprofessional.
  8. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    I agree, and you can always issue a cease and desist order if you would like the collection calls to stop.. You can specify in the cease and desist letter how the servicer can communicate.

    Fair Debt Collection Practices Act (FDCPA) - Federal Law

    15 USC 1692c
    § 805. Communication in connection with debt collection

    (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt;

    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

    (3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

    Sample Debt Collection Cease and Desist Letter

    Today's Date
    Your Name
    Your Address
    You Loan Number

    Collector's Name
    Collector's Address

    Dear Debt Collector, (Insert Name)

    I am writing to request that you cease your communication with me. The Fair Debt Collection Practices Act specifically states in Section 805(c), referencing ceasing communication that you must cease all communication with me after being notified in writing that I no longer wish to communicate with you.

    Therefore, I require that you stop calling me at work. In addition, do not call or communicate with any third party acquaintance of mine per section 805(b)2 of the Fair Debt Collection Practices Act.

    According to the FDCPA’s federal guidelines, I understand that once you receive this letter, you may only contact me to inform me that you:


    • are terminating further collection efforts
    • are invoking specified remedies that are ordinarily invoked by you or your company
    • intend to invoke a specified remedy.

    Be advised that I am aware of my rights, and that I am keeping records of all correspondence and communication from you and your company, including tape recording all phone calls. If you continue calling me, I will pursue all available legal actions to stop you from harassing me and my family.

    Signature
    Your Printed Name
  9. LupiR

    LupiR LoanSafe Member

    This may be a question for a different thread but does anyone have any experiences in dealing with Residential Credit Solutions? I just received my statement and they have charged a bunch of miscellaneous fees plus now late fees. My agreement with Chase was that since I was in a repayment plan there would be no additional fees, late fees, etc. I now have to pay $12 just to make the payment. $14 miscellaneous fee and $178.10 in late fees. It seems like these people just want to foreclose on my house by adding a ton of fees. Now they are saying that my escrow is to low and I have to have $500 in excess at all times so my payment is going up. I don't think I will ever know month to month what my payment is. They're just going to keep tacking on charges. I tried to search the name but couldn't find anything.

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