I received a call the other day from a distressed home owner who has already been foreclosed on, but it just awaiting the day of the actual Sheriff’s sale. He wanted to know how he should handle threatening phone calls he has been receiving from various debt collectors, namely from a collector wanting payment for the second mortgage.
Unfortunately, the one thing I cannot do, nor can any real estate agent, is give any advice that might considered of a legal nature. Since I am not a lawyer, it is illegal for me to speak as one. I know the home owner was not happy with my answer, but my hands are tied by the state. I was able to answer a few questions about the foreclosure process for him, which he was much appreciate of.
One word of advice I was able to give was to record the threatening phone calls. The debt collector was actually threatening the owner with bodily harm. I let him know this is a violation of the Federal Trade Commissions Fair Debt Collection Practices Act (FDCPA). You can file a complaint as the FTCs website if you think you have been a victim of abusive debt collectors. Don’t take it lying down. Just because you owe money does not give anyone the right to violate the law to get money from you.