County housing agency said they mailed my mortgage assistance payment but my servicer never got it — what can I do?
I was approved for local mortgage assistance through a county housing program. They told me the payment to my mortgage servicer was mailed near the end of September, a few days after they received my mortgage statement. My mortgage company says they never received the payment.
I’ve sent multiple emails to both the housing agency and the mortgage company, but no one has responded for over a week. My account still shows in foreclosure, and I’m terrified of losing my home.
I’m on SSDI and work part-time, barely surviving month to month, and I was told I don’t qualify for legal aid anymore because of my disability payments.
If either the county or the mortgage company mishandled the payment or failed to process it, what are my options? Could this be considered negligence or a servicing violation? Would any lawyer possibly take a case like this for free or on contingency?
Thank you for any guidance.
You really need to retain an experienced FL mortgage foreclosure defense and bankruptcy attorney. Contact local Florida law school legal clinics. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I see that you requested I answer your question; however, my practice is very limited to community association law. I have not handled a mortgage foreclosure in over a decade. I would suggest visiting the county office if that's possible to get proof of payment and to make sure the county mailed it to the correct address. Sorry I don't have more advice for you but I am sure my colleagues on this site will respond.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Responses to questions posted on this website are based on statutory law and case law at the time the answer was provided. The law is subject to change.
Asker
Thanks I forgot to include that I do have assigned contract and an award letter. They will not tell me where it was sent or the exact date or anything else. Now after a week of not replying to emails they say that they sent it to their accountant and are waiting for them to get back to them.
Asker
Im in sw FL. I don't know of anywhere to get help as except for legal aid and they told me even though I'm barely surviving that because of my small SSDI payment it disqualifies me from further help.
Asker
I do have a small benefit for legal for my part-time job which I called a few for bankruptcy attorneys and they basically didn't want to help me at all told me I can't claim bankruptcy because I can't afford I can't show that I can afford to make payments back on time for what I owe past due Plus all the other fees they add on top of it.
Asker
I just spoke with one attorney he said he really would slow down the process It would slow down the process if I get an attorney so I don't know what to do at this point