Legal Question in Real Estate Law in New York

Mortgage Payments

I am behind on my mortgage payment. The amount is less than one payment. The bank does not want to negotiate a modification to the loan and won't discuss paying off the outstanding amount in installments. The bank says if I give them the routing number for my bank, they will stop calling. I don't know what this means but can they go into my personal accounts just like that?


Asked on 2/04/09, 5:08 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Mortgage Payments

Do not deal with these people. It sounds like an identity theft scam. You don't get calls from collection agents if you not consistently late and one payment rarely raises any flags. There is no reason for anyone to ask for the routing number of your bank unless they already have enough information to empty your account.

Tell them to stop calling and to only contact you in writing. That is your right under the FDCPA. It also forces them to use the mail. So they will be committing a federal crime if it is a fraud. Then, ask for the written verification of the debt the the FDCPA requires them to send to you. If you want to negotiate a settlement, be sure that it is you that initiate the telephone call. Don't use the numbers that they gave you; get the bank's number from something in writing or from a directory. If you do find out that the people who have been calling are phony, report them to the FTC.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/04/09, 5:23 pm


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