Do I have to continue making mortgaga payments if I am in foreclosure

foreclosure: Am I required to continue making mortgage payments after being informed that my lender intends to commence foreclosure proceedings on my home. Also can an attorney that is a trustee of an estate include his legal fees in a loan financed with the deed of my property. - Is this your question? Add additional information
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Answers (2)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
It is likely that even if you tried to make payments, the lender or servicer would reject them, if they have begun the foreclosure process. That is normally what they do. However, there may be several things that you can do to stop or resolve the foreclosure process, but it is a mistake to try to do this by yourself. Foreclosure defense is complex. You may have issues and defenses to be raised that you don't even realize exist. I defend foreclosures in Florida, and often find that my clients have things to raise they never knew they had.

This is a very specialized area of law - you need a consumer law attorney who is knowledgable in mortgage foreclosure law to obtain the best result. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who can help you.
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J Christopher Minor

J Christopher Minor

Contributor Level 4
The obligation continues until the holder of the trust deed declines payments, but there is little liklihood they can or will take an action to seek monthly payments. If you want to do some kind of work out or short sale, tendering some good faith payments would likely put you in a better position to make a deal. If you are just holding on until ordered out by the court, probably nothing would be gained by tendering payments.
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