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Debtor protections after defaulting on a mortgage

Miami Foreclosure Law
| No Comments on Debtor protections after defaulting on a mortgage

Homeowners that have defaulted on their mortgage payments often fall into the trap of feeling ashamed because they can no longer fulfill their financial responsibilities. They might even believe that they deserve to be harassed by the lenders or their collection agencies. The Graham Legal team would like to reassure you that there is no shame in going through financial hardships. Unforeseen circumstances do arise that may cause responsible people to fall behind on mortgage payments.

Regardless of the reason you stopped paying your mortgage lender, there are laws in place to protect you from harassing or abusive debt collection methods. These standards are applicable to most debts, including: credit cards, mortgages, student loans, medical debt, and car loans.

What legal protections are available?

Debt collectors have to abide by specific codes of conduct and methods for collecting debt. The federal law is called the Fair Debt Collection Practiced Act, and the state counterpart is the Florida Consumer Collections Protection Act. These two systems of rules work in conjunction for your protection.

A common illegal practice is for collectors to speak with anyone other than you, your spouse, or attorney regarding your debt. Harassing, coercion, or threatening are also not permissible. Additionally, you can send a letter in plain English requesting all calls from collectors to stop. and If the phone calls continue, you can exercise your legal rights because the collectors are breaking the law.

How can attorneys help?

Once you have hired an attorney, you can instruct the collectors to speak only with your attorney. This means that going forward, they may not contact you directly; all forms of communication go through the attorney. If the collection agency is not in compliance, the Graham Legal team would file a complaint in your behalf, and continue to escalate the legal actions until the collection agency ceases to contact you.

If you have concerns about whether your mortgage lender is using fair debt collection methods or if you’re interested in learning more about Miami foreclosure law, schedule a free consultation with Graham Legal. Our attorneys specialize in foreclosure defense and can provide the answer you need.

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