My home is in foreclosure.I called the firm who sent the papers 3 months ago requesting the amount needed to get it out of foreclosure. At that time I was in the middle of a bankruptcy which was discharged a week ago. I am now being charged twice by the firm due to the fact that I filed bankruptcy & they were unable to take my home back in December. Is this legal & do I have to pay the double charges?
Without seeing your loan documents, it is impossible to answer the question fully. But most home loan documents in Georgia authorize the lender to charge 15% of the balance due as attorneys fees. If they are only asking you for actual attorneys fees of an amount less than 15% of the loan in order to reinstate the loan, it is likely that the charges would stick and be legal. Again, for a more definite answer, someone would have to see the loan documents and the letters or documents indicating the charges the lender or its attorney wants to collect.
This answer is for general purposes only, and it does not create an attorney-client relationship.
There is no way to answer you without seeing their letter and the documents for your loan. Most such documents allow them to collect legal fees and costs, and each time you start and stop a foreclosure, more such fees will accrue.
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