Can I sue my mortgage service company for falsely adding late charges to my bills?

UPDATED: Aug 11, 2012

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Can I sue my mortgage service company for falsely adding late charges to my bills?

My loan was recently bought out by another mortgage company. They sent my first bill late but it states I could pay themonth before last and last months by the 15th of last month. My check for both months cleared on the 13th. However,yhey added late charges for both months. This month’s payment was sent out on the 27th of last month; it is now the 11th but they say that they have not received the payment yet. Therefore, they are adding on another late charge. I have called them almost every day and they said the first 2 late charges were taken off but obviously they were not. I have $700 in late charges for these 3 months and it isn’t my fault. I have proof.

Asked on August 11, 2012 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue regarding the issue of the late charges that you are writing about since such is your right under the laws of all states in this country. However, unless you have paid the $700 that you have written about, you have no damages. I suggest that you contact a representative of your loan's service provider to try and resolve the late charge issue without the need for a lawsuit. Follow up with a written letter to this representative over what was discussed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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