Legal Question in Real Estate Law in California

my mortgage company has been calling my phone non stop for the last two month. i am not behind or in foreclosure. I have made the last 47 payments all in a row within the grace period. i believe i have had this company Saxon for atleast two of those years. How do i get them to quit hirassing me and telling me im late when i am clearly within my grace perion.


Asked on 11/12/10, 1:05 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd say you are mis-using the grace period. Your loan payment is due before the beginning of the grace period; during the grace period it is late; by the lender's "grace" you are spared a late fee, but the payment is nonetheless late. Think of a Catholic who can confess a sin and obtain absolution. Nevertheless, a sin. To stop the calls, pay by the due date.

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Answered on 11/17/10, 2:30 pm

Whipple is exactly right on this one. Institutional lenders manage massive cash flows. With all the people paying later and later these days, it is messing with cash flows, especially when people like you always wait to the end of the grace period. So they have chosen to respond to you messing with their cashflows by messing with your phone. You are late after the due date and they are completely within their rights to remind you of that. Be glad they don't eliminate the grace period on you. They have the right to do that too. In fact your loan documents probably provide that habitual lates constitute default.

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Answered on 11/18/10, 9:40 am
Anthony Roach Law Office of Anthony A. Roach

I agree. The grace period is the period of time for you to make the payment without triggering the acceleration clause, going into default, or apparently incurring late fees. But you are still late during the grace period.

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Answered on 11/21/10, 3:28 pm


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