Wednesday, August 28, 2013

Dealing with a Cease and Desist Order

One of the most common questions that we hear from homeowners who are behind on their mortgage payments is: "What can your firm do to help me put an end to these non-stop collection calls from the bank?"


Once we are retained, we immediately send a letter called a Cease & Desist. In this letter, we demand that the bank cease all direct communication with the homeowner, including harassing collection calls and all other collection calls; and we request that the lender direct all communication to our Firm.

It is possible that your lender may still continue to send you information about you loan as may be required by law. Simply keep these letters in a file in case we need to reference the dates of the letters. A best practice is to staple the envelope the letter came in to the letter so we have an accurate post mark if needed.

If the lender continues to call you on your personal cell or on you home phone after this letter is received, it is critical to keep track of the dates and times of these calls, as we may have an action against your lender for violation of federal law.

This means we may be able to file a lawsuit against your lender, and you may be able to win money back. Too many homeowners out there simply don't know what their rights are. We are here to help!

We encourage you to contact our office, and schedule a free consultation if you're interesting in learning more about this topic or with any concerns you may have regarding your loan modification, bankruptcy and other legal matters.

No comments:

Post a Comment