By Laura O’NeillIt is a familiar tale.
You are looking for a mortgage loan that is affordable and secure.
You have found it, you have paid it off, and you have all the necessary paperwork.
You put it on the market, hoping for a deal that will keep you in your home.
Then, suddenly, a knock on the door comes and you are informed that a loan is no longer available.
A debt collector comes knocking.
“You need to pay this down,” they say, and with that, you are left to deal with your debt collection woes.
How is this possible?
Why is the lender required to give a mortgage-lender such a notice in the first place?
And what happens if the debt collector tells you that the loan was sold?
How does a lender use this loophole to eliminate debt on their own behalf?
And is it fair?
We spoke to Laura Orenstein, a UK-based mortgage and insurance lawyer who has worked in England, the US and the UK.
Here’s what she has to say.
Orenstein is a specialist in debt collection and has been in business for more than 30 years.
In her case, she said that, “If a lender asks me to collect debts on behalf of a customer, the default is to pay the debts.”
The debt collection agency will take the debt off the borrower’s account.
The lender will then need to find a buyer to collect the debt.
“This will happen through an intermediary and a court order,” Orensteins says.
“If the court does not order it, then it is not a debt collection.”
She said that she was not surprised to hear that banks in England have been using this loophole in recent years.
“It has become more common,” she says.
“It is not something I am aware of in England.
I know that banks do it in the UK, but not in England.”
She says that it is possible that, in England at least, this could happen.
“We are very familiar with what the debt collection agencies are doing,” she said.
“What I can tell you is that we have seen instances where lenders have made false representations to the courts.”
For example, in one case we investigated, a bank told the court that a borrower had agreed to pay £500 to the loan collection agency, when in fact the borrower had paid the debt and the debt had been cancelled.
“This is why lenders in England should be wary of misleading court orders.”
This is not the first time that Orensten has encountered this kind of loophole.
She was contacted by the bank in November 2017 after a loan was purchased.
The court refused. “
So the lender then tried to have the court make an order that they have to pay that money back.
The court refused.
The loan was then sold to a third party, so the lender had to make another debt collection request.”
In her own experience, Orens said that in the past few years, she has been contacted by other borrowers who had similar experiences.
“They have told me that they had to go through a court process to have a debt forgiven, and I was surprised to learn that I had to do this,” she explains.
“They also told me about the ‘loan to value’ loan and how they had had to pay off the debt in full, and were told to go back and get the money they owed.”
The reason I am so surprised is because the banks I have worked with have not used this to their advantage, but to protect themselves.
The banks have told their borrowers that they must pay back the debt or risk being charged for the interest.
“This isn’t the only loophole that banks are using to remove debt from their accounts.
For example, the lender may claim that the borrower has not paid the amount due.
This, in turn, can lead to a debt payment penalty.
The penalty is usually paid by the borrower, and is then applied against the bank.
The bank can then claim that it has not owed the debt at all.”
There are many cases where a bank may claim to have paid the mortgage, but they have not,” Oresstein says.
She adds: “I have never seen an example where a mortgage company has used this loophole.
In some cases, it may not be the case that the debt has been paid.
“In the US, banks can use this to prevent people from paying their mortgage. “
Absolutely,” Olesstins answers.
“In the US, banks can use this to prevent people from paying their mortgage.
In England, it