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My mortgage company wants to take my house saying I have not made my payments. If I show prof from the bank were do i stand.

Phoenix, AZ |

I sent my Oct.payment in it came back Insufficient funds along with a letter saying we had not made a payment since 8-1-2012 . We have since then sent a check for 2 months of house payments. I have called and asked if they recived the check of 2 months they said they showed no record of it. The letter also states to bring our loan current we need to pay so much. We are working with our bank to show all the months we have paid.

Attorney Answers 3


  1. Generally, when you fall behind in your mortgage payments, the mortgage company will require ALL the past due payments before they will accept any payment. This is to protect the bank from waiving certain provisions in the mortgage agreement (eg Time is of the Essence). If your payments were cashed, they may have been placed in a suspense account, rather than applied to your mortgage.

    If you are making past due payments, it is a good idea to provide certified funds (cashier's check or money order). If you send a regular check, and the check is not cashed, you have no prove that a check was ever sent. Keep working with the bank to resolve this matter - don't let frustration and anger get in the way of saving your home.

    I hope this helps!
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.com

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.


  2. To add to Mr. Leahy's answer, no matter how much confusion there may be, you have until 5 pm the day before a foreclosure sale to bring the loan balance current. But keep in mind you will also need to pay late fees, attorneys' fees and any other costs the lender has incurred in order to successfully prevent the lender from foreclosing.

    Accessing this website or receiving an electronic transmission from Nagle Law Group, P.C., or any specific attorney at Nagle Law Group, P.C., does not create an attorney-client relationship or any other duty on the part of Nagle Law Group, P.C. An attorney-client relationship is only created upon an express agreement with an attorney at Nagle Law Group, P.C.


  3. Without knowing if you were delinquent in the past, make sure you prepare a list of all payments you have made in the last 12 months. Get copies of the payments. Then ask the lender for a statement of all payments received within the same period. It is very important that you follow through on this in order to avoid additional fees and costs.

    I will be happy to talk with you if you have any questions.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

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