They are already bugging my mother in law

[okiemom2008]

My husband and I bought our mobile home in 2004 on a 10 year loan. We were on time every single payment until November 1st this year. We decided to file bk but cannot due to residency requirements plus we do not have the 2000 yet to file. I called the mortgage company(vanderbilt mortgage) before Novermber 1st and told them I could not pay, could they give me an extension. They said the lady that does that was not there at the time and she would look at my accoutn and call me back...never happened....

So we have been late on the Nov 1st, Dec 1st payments. They are calling my mother in law!! and she says they call alot. They call us but we don't answer because we do not know what to say. I was hoping for that 3 month extension but it looks like it is a no.

What can I do? What do I say? Do I tell them I am filing bk? thanks so much

[okiemom2008]

anyone? I can call them but don't know what to say. Just telling them I do not have the money will not make them stop, will it? They are very rude people...I just dread the call

[liz417]

Hi,

You need to pick up the phone and stop avoiding them or they will continue to call your MIL. Don't get into a conversation with them, just tell them you are "working" on it and will call them back *if* your situation changes. There is nothing to be afraid of, just be firm and don't let the mortgage company back you into a cornor and promise a payment.

Good Luck!

[okiemom2008]

Hi,

You need to pick up the phone and stop avoiding them or they will continue to call your MIL. Don't get into a conversation with them, just tell them you are "working" on it and will call them back *if* your situation changes. There is nothing to be afraid of, just be firm and don't let the mortgage company back you into a cornor and promise a payment.

Good Luck!

Should I tell them to put us on the do not call list. I read somewhere that they cannot call our family if we tell them to put us on do not call.

Is it against the law for them to be calling family?

[liz417]

It's not a "do not call list" (that would be for telemarketers, etc), I think you are referring to writing them a "cease and desist letter", but I *think* that only applies to collection companies, not the original creditor...someone with more knowledge will come along soon. Also, if you want them to stop calling your MIL, you need to pick up the phone every once in awhile because the reason they are calling your MIL is because they can't get hold of you!

[Tbornetun]

Your MIL could tell them that she does not owe a debt to them and if they continue to call her home it will be construed as harassment. Have the MIL also send a letter informing them that she does not have any debt with the company and if the harassment continues she will be filing charges.

It might work, they may leave her alone.

[okiemom2008]

It's not a "do not call list" (that would be for telemarketers, etc), I think you are referring to writing them a "cease and desist letter", but I *think* that only applies to collection companies, not the original creditor...someone with more knowledge will come along soon. Also, if you want them to stop calling your MIL, you need to pick up the phone every once in awhile because the reason they are calling your MIL is because they can't get hold of you!

I have told them that we cannot pay them but they want me to answer every single day. So I just answer everyday over and over and listen to them? I cannot wait until we file.

[mgmtrnr]

This won't make you happy but they DO HAVE the right to call anyone associated with you as long as they don't tell them they are collecting a debt. If you don't return their phone calls, they have the right to call any of your relatives or even your neighbor if all they say is they are trying to find out how to get in touch with you.

The reason I know this is because a couple years ago, I was behind on my car payments and the car company actually called my sister-in-law's parents to try to find out if they knew how to get in touch with me. Think about that...how far removed do they get to try and get in touch with you?? Well, my sister-in-law's parents are about as far removed as you can get but they still called them.

It was super embarrassing but legally....they had every right to do it since I wouldn't answer or return their calls.

[StartingOver08]

No, the do not call list is for marketing purposes. It does not stop collections calls from an orginal creditor, like your mortgage company.

Do as the previous poster said, pick up the phone and tell them you are working on it. They will press for more answers - don't answer them. Hang up. Once you have RETAINED an attorney you can refer the caller to your attorney.

Or look for that script that one of the other posters has (MI Bankruptcy). Here - I took the liberty of putting a copy for you here:

[Bell30656]

As long as you avoid the calls, they can call "to locate" you at your friends, relatives or even WORK. Just answer the calls, tell them that you don't have the money and you will call them when you do. They will try to control the conversation and pin you down to dates but you simply tell them you will let them know when your situation changes. Then tell them to have a nice day and deposit the phone back in the cradle.

I am a really not a nice person when I get calls at certain times of day, I usually say, "It's Tuesday, December 8th, 2008 and I'm speaking with XXXXX of XXXXXXXXXXX. XXXXXXX, I do not currently have the money to pay you and will call you when my situation changes. Please be advised that my work does not allow these type of calls and all calls to my home or cell phones are recorded to insure compliance with applicable federal and state laws."

At this point, I am usually the only one on the phone as they have hung up. Am I really recording the calls? Well, let's put it this way... if they were listening close, hearing Atlanta traffic and the car motor... they'd have a clue.

[liz417]

I have told them that we cannot pay them but they want me to answer every single day. So I just answer everyday over and over and listen to them? I cannot wait until we file.

No, I wouldn't answer the phone everyday. Once you told them you are working on it, that should be it...one of the previous posters is right, they have every right to call your family, friends and neighbors to collect the debt, but it sounds like this creditor is harrassing your MIL, she needs to be firm and tell them to STOP calling her...period.

Good Luck!

[okiemom2008]

My MIL called and told us they were calling her and when my husbands younger brother answered they asked him questions about us. She said he did not know what to do since she was not home at the time. He is only 15 and they were pestering him.

I looked up the company online and they have so many complaints. I understand they want their money but we asked for an extension and they pretty much laughed it off alhough we have never been late

[okiemom2008]

My husband just called them and told them we are trying to get the money. She told him that we should be on food stamps and go to the church and try and get money. He told her that he only has enough for food on the table for his family and she said the mortgage is more important than food on the table. She said if we did not have both payments made by the 12th then they would send us a notice that we had to pay the whole mortgage in 5 days(23,000)

I know it is our fault but it still stinks.

[liz417]

My husband just called them and told them we are trying to get the money. She told him that we should be on food stamps and go to the church and try and get money. He told her that he only has enough for food on the table for his family and she said the mortgage is more important than food on the table. She said if we did not have both payments made by the 12th then they would send us a notice that we had to pay the whole mortgage in 5 days(23,000)

I know it is our fault but it still stinks.

Pay in 5 days or what? Sue you? Let them, it will cost them lots of time and money and by then you could file for BK and have protection...so it's just a scare tactic. Stay strong, they will say anything to collect the money.

[okiemom2008]

Pay in 5 days or what? Sue you? Let them, it will cost them lots of time and money and by then you could file for BK and have protection...so it's just a scare tactic. Stay strong, they will say anything to collect the money.

I know I just hate how they can say mean things. I understand though that we agreed to pay but we paid for almost 5 years on the house and they would not let us be late without hounding us. Oh well..I just want to get it all over with and move on with a fresh start. It makes me wonder what they are telling family.