California  |  Credit and Debt Law

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10/02/02, 5:42 pm

Legal Question


Grace period / Telephone harrassment by creditors

I recently refinance my current home mortgage loan with a company that has resold the loan to another company. Since that time I have been getting telephone calls from the new mortgage company stating that it is after the first of the month and they have not received the loan payment and that I am delinquent. The contract that I sign stated that the loan is due on the first of each month, if the loan payment received after the 15th of that month a late fee will apply.

They are now calling numerous times a day starting on the second of the month. The calls are starting to be harassing and rude. I had 5 messages of calls today, when they finally got my cell number from my office voice mail and called the cell number. The supervisor told me that I my loan is late and I was delinquent. I asked if I was being assed a late fee and being reported to the credit agencies. I was told that I had not been assed a late nor were I was being reported to the agencies, but I was late. I informed the caller that the 15-day grace period had not expired and the loan history has never exceeded the grace period. The caller confirmed that to be correct, but I was still late by the contract terms of the 1st of the month.


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