Can I sue my mortgage company for damages or file an injunction for misreporting payments and ruining my credit?

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Can I sue my mortgage company for damages or file an injunction for misreporting payments and ruining my credit?

The bank that held my original mortgage when into receivership 2 years ago. The company that picked up the mortgage started sending letter that we had missed 5 months payment. I sent them proof of electronic payment from my bank for the months in question. This is still unresolved today and they have been assessing me late fees and ruined my credit. What recourse do I have to be made whole and restore my credit?

Asked on May 31, 2012 under Bankruptcy Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it appears that you have a factual and legal basis for bring a lawsuit against the lender of your home for damaging your credit by reporting that you have not made your payments on the mortgage where you have. The problem from a legal perspective in such a matter is proving your damages in that a damaged credit rating is typically hard to establish where expert testimony is needed.

I suggest that you consult with an attorney who practices in the area of consumer law regarding your matter.


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