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Can you limit the amount of interest and penalty that a lender can charge

11221 |

I been in the foreclosure process for over six years. The note holder has not actively pursue a remedy and wont work out a deal with me....meanwhile my interest and penalty is accumulating at 18%

Attorney Answers 2


  1. You really need to contact an attorney/law firm that specializes in foreclosure defense because six years is usually the most amount of time one would see before having a property sold at auction. With an 18% penalty interest rate, it sounds like the loan in question was either: (A) a commercial loan; (B) a loan originated with Tribeca Lending; or (C) a loan originated with Emigrant Mortgage.

    If any of the above assumptions are correct, you may have limited options to resolve this matter amicably (i.e. via a loan modification) and again, I cannot stress enough the importance of speaking with and/or retaining counsel to represent you in the foreclosure action.

    Feel free to follow up with any further questions, comments and/or concerns relating to this matter.


  2. I agree with my colleague. Reach out to a foreclosure attorney immediately. Do you know what's going on in the foreclosure action? what stage is it at exactly? have there been any assignments of your mortgage? These are all issues that need to be address.

    Bring all of your paperwork to a foreclosure attorney immediately. Best of luck.

    My direct line: 646-606-6002. www.thefalkowskifirm.com. If this answer is helpful and/or the best answer, then please indicate it as so. Thank you. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship.

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