Legal Question in Credit and Debt Law in Florida

My mortgage company starts calling on the 2nd of every month and continues calling three times a day until they get my payment. My payment is not considered late until after the 16th which I pay on or around the tenth of the month. My problem is my mortgage company every month calls my inlaws and not my house because my husband is a Jr. My inlaws and myself have called this company numerous times probably close to 15 to 20 times and they still call my inlaws. This is frustrating my inlaws to the point of them thinking about changing their telephone number which they shouldnt have to do. The mortgage company calls every day starting at 8am and at 2pm and at 8pm .please help me by giving me some advice, I dont know what to do anymore. Thank you


Asked on 10/06/11, 11:11 am

1 Answer from Attorneys
Dana Manner Dana L. Manner, P.L.

I have not seen your mortgage contract, but if payment is due on the 1st of the month, you are in default for non-payment on the 2nd. If there is a provision that you are not subject to late fees or other charges is you pay on or before the 15th, that does not mean that your are not in default for non-payment on the 1st.

However, you may have a claim against the lender or debt collector that is calling your relatives, or calling you too frequently under the Fair Debt Collection Practices Act, but you would have to consult with an attorney to determine if you have a viable claim.

If you want to have the phone calls stop, quit thinking that you have until the 15th to pay and that your contract has some kind of "grace period" which waives any conditions of default for non-payment provisions of your contract. If you start making the payments in a timely fashion, I am willing to bet the calls will stop.

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Answered on 10/06/11, 11:30 am


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