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Old 02-17-2009, 10:53 PM
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Default my mortgage company applied for foreclosure without

reaching me when I was behind 3 months.? SO my mortgage company applied for foreclosure while i was 3 months late on payments, but was in middle of modification process with them. I didn't receive any letters or calls to inform me of this, while I was waiting 2 to 3 weeks waiting time for them to answer my request for modification. Now they say they have already paid for Lawyer feeds ($5,000) and now if I want my house I have to pay the three months payments + the 5 grand lawyer fees. They said they will accept a huge lump around 5,000 grand and then be able to divide the rest of 7,000 in 10 months! were they allowed to apply without reaching out to me and asking whats wrong specially while I was waiting for them to answer my Modification application that I had applied for. And am I responsible to pay for the lawyer fees if I decided to pay for the late payments to salvage my house from foreclosure? Please advice me on this situation!!!
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Old 02-18-2009, 02:08 AM
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Default

If you're behind in payments they can pretty much do whatever they want. All the terms are in your mortgage contract. Most real lenders have in house legal, so I am surprised that they are using "outhouse" lawyers.I have never heard of a mortgage company requesting you to pay legal fees. I am not an attorney, but generally they have to sue you and get a court order with the stip saying the judge approved attaching legal fees to your mortgage balance. I would prob pay the mortgage balance which would make it harder to foreclose on you if you are current. They generally need to send a notice of default letter to you. if you don't pay the curr mortgage balance they will be foreclosing based on what your statements here.I would go seek immediate legal advice before I act.
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