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Attn: Bankers. Stop harassing Americans for money they don't have

By
Real Estate Agent with Emeco Property Solutions, LLC

Morris County NJ - Maybe this is a pet peeve of mine. Or maybe it just seems ridiculous that someone would call a debtor over and over again asking to be paid, when they have already been told the debtor doesn't have the money to pay them.

Or maybe it is the fact that I see countless examples of debt collectors breaking the Fair Debt Collection Practices Act. But, no one seems to care that they are breaking the law.

The Fair Debt Collection Practices Act forbids collectors from threatening to sue you, but then not following thru and actually filing suit. To get around this rule, they will use language that sounds legal, but isn't.

In one situation, a debt collection firm in Buffalo, New York named their firm Hoffman, Weinberg & O'Brien to make it sound like they were a law firm. They would then leave messages on people's answering machines.

They would say they were with the office of Hoffman, Weinberg & O'Brien and then say they may resort to future legal action. Or they would say they were calling about a pre-legal matter.

In addition, they would reference case number 8306042. If you didn't know any better, you would think the case number was for an actual lawsuit against you. Scary, right?

In addition, if a debtor tells them not to call anymore, then they are supposed to stop calling. They just keep on calling anyways. This is another example of them not obeying the law per the Fair Debt Collection Practices Act.

I allege that they willingly and knowingly break the law repeatedly. This is why we put Number Seven onto the Homeowner's Bill of Rights:

7. Stop the Debt Collector Harassment! The right to tell any and all debt collectors to stop calling and never receive a phone call from them again. In addition, this would include debt collectors that know the person's phone number, but will call family members in an attempt to embarrass the debtor.

This is America people! Debtor's prison was abolished two centuries ago! It's time to update your activities to the Twenty-First Century!

Or take another example. A homeowner has never made a late payment in their entire life. They lose their job and find one in another state. The move, try to rent out their house, but can't afford the payments.

They get behind on their mortgage payment and credit cards. They enter the world of non-stop harassment. Debt collectors call them non-stop. These people aren't deadbeats. They are just struggling at the moment.

They won't stop calling even when the debtor asks them to stop. They would pay if they had the money. But they don't have it.

But, the people won't stop calling. The constant phone calls make their home life miserable. Don't you think it has gone too far?

I do. That's why we need a Homeowner's Bill Of Rights. Stop the debt collector harassment. What do you think? Please put your comments below.

Thinking about a short sale? I can help you short sale your property and never pay the bank another penny. Send me an e-mail at merydith.endelman@gmail.com. I will contact you for a free consultation.

When we talk, I will explain how the process works in detail. If you prefer, then you can call me at 877-722-8553.

Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.

Thanks for reading this, Merydith Endelman.

Merydith is a Real Estate agent at Realty Executives International.

Phone: 877-722-8553. merydith.endelman@gmail.com.

Helping Homeowners

Merydith Endelman specializes in loan modification assistance and short sales in Morris County New Jersey. Morris County Loan Modification Help, Morris County Short Sales. Morris County Short Sale Realtor Short Sale Realtor. Morris County NJ Short Sales. Morris County Realtor.

Show All Comments Sort:
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

My clients had a debt collector come to their door asking for money. I'm trying to find out if that's illegal, but they haven't done it again since the house was listed.

Dec 08, 2010 06:22 PM
Sara Mehrpouyan 818.903.2040
Beverly & Company Properties 818-903-2040 - Sherman Oaks, CA
CA- Sherman Oaks and Woodland Hills Real Estate

Lenders do have people go out in the field for things like asking the homeowner if they'd be interested in applying for a loan modification. It's part of the process here in California.

Dec 08, 2010 06:53 PM
Dan Edward Phillips
Dan Edward Phillips - Eureka, CA
Realtor and Broker/Owner

Good Morning Merydith, Thanks for sharing your input, I agree!

Dec 08, 2010 07:36 PM
Cameron Novak
The Homefinding Center - 1000 Palms, CA
Real Estate Broker since 2008

The homeowner has the right to pay his/her mortgage payment as agreed.  Is this one on the homeowner bill of rights?

Don't get me wrong... I know some people are having a tough time right now, but how many people don't pay when they can.  I know one such homeowner who has been collecting rent on the property for over a year without paying one mortgage payment, yet when the bank wanted them to kick in $10K to approve the short sale, they said they wouldn't do it.  <--- the other side of the coin

Dec 08, 2010 09:04 PM