Legal Question in Real Estate Law in California

Mortgage payment missed

We have been behind one month mortgage payment for the last 2 years (since we were victims of a crime) We always pay 2 weeks later. Because of the economy and so many foreclosures they have decided we were more at risk and they started to call us from 1 to 3 x per day to see when we are paying and our answer is always the same. We always pay two weeks into the next month for the previous month. They know our situation and why we are late, they don't want to work with us to split up the one month payment so we can get back on track. I feel this is harrassment, can they call us like this for being one month late?


Asked on 2/04/09, 6:02 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mortgage payment missed

Sure, they can do this. They can also assess you a late charge for each of those 24 months - have they?

You should have done something to get current during this 24-month period!

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Answered on 2/08/09, 2:12 am
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Mortgage payment missed

Yes, assuming they are calling between the hours of 8:00 a.m. and 9:00 p.m. and are not otherwise violating the Fair Debt Collection Practices Act. You can learn more at the Federal Trade Commission's web site at: www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

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Answered on 2/04/09, 6:18 pm


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