Legal Question in Credit and Debt Law in Georgia

You wqn't like this answer but it's the reality check you need. Banks are run by cold uncaring people. When you break your agreement with them, they don't care why, and your phone is going to light up until you catch up or have a written agreement with them. While calling and making a promise is admirable, the bank does not believe you. Crying harassment will not help; they can, with few limits, call. Bear in mind that while a foreclosure is unlikely with a 30 day arrearage, they can do it, and the smart answer is catch it up ASAP. Be aware also that when they report the late payments to the credit bureau, your credit card lenders will up your interest rates, your next car loan will cost a lot more, and your car insurance renewal rate goes up. If this is a one time small problem, and they don't agree in writing to your proposals, plain and simple, catch it up. If this is a recurring problem see a lawyer to address the overall problem, be it by Chapter 7 or 13 bankruptcy or other means, and also pursue a modification on the loan (a bankruptcy may eliminate other debts so you can afford the mortgage. In the meantime, turn down the phone ringer and don't answer if it is an annoyance. (No I know that's not the answer you wanted to here but it is the answer that realistically addresses your options).

I would agree here with Attorney Ashman. Banks do not care why you cannot pay your mortgage. And you unilaterally cannot decide what you can pay and do a modification. If you get approval from the bank in writing, then you have to abide by that. But you just can't make your own modification plan and expect the bank to go along with it.

Getting calls might be bad but they will go away in time. Getting sued or having a foreclosure is much worse. I would stop dealing with the debt collection wing of the bank and start talking to someone in the loss mitigation side or see an attorney that does modifications as they may have contacts there to cut through the red tape (Bank of America and some other lenders are known for their actions in being difficult to deal with). If your problem is going to take more time to resolve, you may want to think about a chapter 13 bankruptcy as that will allow you to get caught up over a 3-5 year period if you are behind.