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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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