Many of us have mortgages. While they enable us to buy a home, they also represent a huge amount of debt, and if we experience a financial downturn, a mortgage can be our biggest liability.
This is why debt collectors who service mortgage providers can be so aggressive and persistent, but they are subject to the same consumer protection laws as other agencies.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, protects any consumer who owes a debt from being threatened, tricked, or manipulated into paying it. All third-party collection agencies are subject to its guidelines and can be penalized for misconduct like the following:
- Harassing you to pay a debt that doesn’t even belong to you
- Using abusive language
- Adding illegal ‘fees’ to inflate the debt total
- Sending collection letters that don’t clarify exactly how much you owe
- Choosing to ignore a written cease communications letter
- Leaving voice messages that don’t properly identify who they are
Company Profile: Marix Servicing, LLC
If you are being called by Marix Servicing, LLC, a company overview is presented below.
Marix Servicing, LLC is a loan servicer and debt collection agency located in Phoenix, Arizona. It was founded in 2007, has 38 employees, and is managed by Rick Smith. Its parent company is Hanover Capital Mortgage Holdings, Inc.
Litigation records held at the PACER website confirms that consumers who felt that they were being harassed by Marix Servicing, LLC did not pay that they did not believe they owed.
Alleged Violations against Marix Servicing, LLC
According to PACER, in or around mid-2012, Marix Servicing, LLC sent a collection letter to a New Jersey couple regarding a mortgage debt that had been addressed and repaid in a Chapter 13 bankruptcy.
Their attorney advised the agency that the debt had been discharged, but the demands for payment allegedly continued.
Feeling harassed by Marix Servicing, LLC, the couple decided to act on their rights by filing a consumer lawsuit against the company for:
- Contacting them directly instead of their attorney
- Using false, deceptive, and misleading means to collect a debt
- Pursuing a debt included in an earlier bankruptcy
- Misrepresenting the legal status of the debt
The matter was later resolved.
Hire a Consumer Lawyer
The phone numbers for this collection agency are:
If they show up on your caller ID, it’s a sign that Marix Servicing, LLC is trying to contact you about a mortgage debt. If they are trying to make you pay a debt that you already addressed in a Chapter 13 bankruptcy, don’t be intimidated into paying twice.
Hire a consumer lawyer and file a claim against Marix Servicing, LLC. Debt collectors who act as if they are above the law can be ordered to pay you $1,000 per FDCPA violation, so a consumer lawsuit can be the best way to stand up for yourself.
Case taken from PACER (pacer.gov). File number is Case 3:12-cv-01636-MAS-DEA from the United States District Court for the District of New Jersey.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Marix Servicing, LLC, or any other third-party collection agency, you may not be entitled to any compensation.