I have a mortgage on a home in Alabama. I received a call from the mortgage company who says the loan is in default (it is 37 days past due). I explained to the company that the payment was mailed. I was told they must receive payment today via check phone or the account would be turned over to the attorney. There was never a notice of default letter sent, and the collections representative mislead me into thinking that if they did not receive payment that day attorney fees would be added to my account. Is there some law against them misrepresenting the procedure of collections for a mortgage, or at best an agency to report them to?
1 Answer from Attorneys
Re: collection tactics
The fair debt collection practices act, a Federal law, and similar Florida law might apply. See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0559/SEC55.HTM&Title=->2000->Ch0559->Section%2055