View Full Version : Can our mortgage company do this legally?


varjan
Hi, I'm new here and have a question.
Here's a little history:
Our 2nd mortgage was sold last month to Ocwen. The payment terms of the mgtg are due on 1st but not late until 15 days past.
Although we have not yet received ANY statement from Ocwen, I made payment a few days ago and used "proof of delivery" receipt from post office. Payment has been delivered as of Tuesday. However, Ocwen has been calling for at least a week and at least 2 times a day asking if we have made our payment. I advised them to stop calling immediately, as our payment is not late (they actually have it but have not posted it!).

[b]Can they harass us this way?[b]

Shylock
Harassment is illegal. Your new mortgage company is not, however, covered under the FDCPA unless state law extends federal law around primary creditors (like California law does).

In California you're permitted an extra 30 days to make the payment if the loan is transferred. I can't speak specifically to your situation. In what state is your house domiciled?

varjan
We are in California. Also, I have kept a log of every phone call. Each time they call, I remind them that my payment is not late and that they are harassing us by calling. Of course, they promise to "take us off the call list", but they keep calling anyway. The most absurd call was the customer service rep who once I demanded to know his name, gave me a name he couldn't pronounce!!

Christine
Stop talking on the phone and start faxing.

http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=843