Can you request that your mortgagee contact you only in writing concerning late payments?

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Can you request that your mortgagee contact you only in writing concerning late payments?

The phone calls are getting rediculous – 5 to 8 times a day, even today, when they just received a payment 2 days ago. I know you can request this with some debt collectors but I don’t know if that applies to banks and home mortgages.

Asked on October 17, 2010 under Bankruptcy Law, North Carolina

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately there is not much you can do about this situation. The fair debt collection act which limits phone contact from creditors and gives you some options to avoid harassing calls, only applies to collection agents and attorneys working on someone's behalf. If the bank is calling you through its own internal collection department or affliate then they can call you on their own almost as much as they want except for holidays and sundays and late into the night. With banks normally, they all use internal people to do their collections and therefore are not bound by the act. With regards to requesting to be taken off the list of calls that applies to telemarketers and surveys.


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