Debt Collection vs Harassment

by Stephanie
(Philadelphia)

My mortgage is with CitiMortgage, I never pay my mortgage on the first I utilized the grace period and have it paid by the 15th of every month. CitiMortgage will start calling me every month on the 4th to collect the mortgage payment and I tell them every month I will have it to them by the 15th. Once I've had a conversation with them for that day, is it legal for them to call back multiple more times that same day attempting to collect? I understand they will continue to call daily but once they've spoken to me on any given day can they continue to call that same day for the same reason? Isn't that considered harassment?

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Apr 13, 2010
 mortgage company calling daily
by: Gerri

Thanks for submitting your debt collection question on our Q&A page.

I doubt it, but I'm not sure. First of all, if you don't pay your mortgage by the due date (which I assume is the first of the month), then you are late. Even though you are not charged a late fee until the 15th of the month, that doesn't mean you aren't late with your payment.

Generally, debt collection laws that address harassment cover third-party debt collectors collecting on behalf of all the creditor, not creditors who collect their own debts. That's the case with the federal Fair Debt Collection Practices Act.

However, some states have laws that extend protections in the case of creditors collecting their own debts. If that is the case in your state, you may have additional rights.

You can talk with your state Atty. Gen.'s office, or a consumer law attorney, to find out whether the mortgage company may be breaking the law. I would be surprised if they are, but I'm not an attorney and can't offer legal advice.

Please do let us know if you find out something interesting here. Thanks!

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