Does a mortgage company have the right to begin collection calls on mortgage payments during the 15 day grace period?

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Does a mortgage company have the right to begin collection calls on mortgage payments during the 15 day grace period?

My mortgage company begins calling me for my monthly payment from the 1st through the 15th if I haven’t not already scheduled an on-line payment for the month. The calls are from an automated recording, they leave messages, and calls are between 7-12 times a day. I believe this is harassment. What are my rights in GA?

Asked on January 23, 2011 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The "grace period" is the period of time during which you can "cure" being late without penalty--but you're still late if you pay after the due date and during the grace period. So yes, the mortgage company can start calling you for your monthly payment during this period and there is no violation of your rights if they do so. Remember: payment during the grace period is still late, to avoid being dunned, pay by the due date. Also note that most protections against harassing collectios practices apply to third party collections agencies; they don't prevent the creditor him-, her-, or itself from contacting you to seek payment, so if it's the mortgage company itself calling, there are few legal protections, anyway.


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