My husband wrote a check to a mortgage company for our first payment, and they "inadvertently" forwarded it to the new company they sold our loan to. Now they are are reporting us to the credit agencies for non-payment. I am just wondering if it was legal for them to forward the personal check we wrote to them to the new company.
They are also threatening foreclosure, can they foreclose on our home if the loan is no longer with them?
Our payments are current and up to date with our new loan holder.
Answer:
If they sold your mortgage to a new company they no longer have the right to claim payments so I am confused as to the non payment claim. the wrongful act is not the forwarding of the check...it is claiming a nonpayment that is not owed.
Yes, they can forward the check. Get a copy of the check from your bank; it should show they fowarded it. Write a letter to the old company and send it certifed. I don't think they can forclouse on you. Nip this it the but right away, the longer you wait the more mixed up the situation can become. This happened to use and once we sent them a copy of the check and a letter letting them know they have been paid. They left me alone. It was probably an error on the companies part, but no one is taking resposibility.
Your current lien holder is the only company that has the "right" to foreclose on your property for nonpayment.
If the previous company sold the lien to another company, they acted properly by forwarding the payment to the new mortgage company.
You have to challenge the report to the credit agencies because you should be able to show that you no longer have a mortgage with the company that sold your mortgage.
Good luck.
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