Agent

Borrower fights lender’s late charge

Must fee be paid if loan history can't be verified?
Published on Mar 3, 2008

DEAR BENNY: My loan, with a failed institution, was sold by the FDIC. After two years of servicing my loan, the new lender demanded payment for an alleged late-charge balance transferred with my loan. However, it also stated that there were no history records. I was never late, and this year the new lender admitted the late charges were not verified and made a partial refund. The FDIC has been in the loop. Who's at fault in this scenario and what are my legal options? --Carl DEAR CARL: If the new lender does not have your loan history, then you are not obligated to pay any late fees. No court will force you to pay that which a lender cannot prove. If you already made the payment, and you have proof, demand that the lender either refund the balance or credit your loan balance with that amount. But this raises a more difficult question: Are you sure that the new lender has the correct loan balance for your account? Ask the lender to send you all of the information it has rela...

Comments