Should We Seek Legal Counsel

Updated on January 05, 2008
D.M. asks from Summitville, IN
6 answers

We are behind on our mortgage, approx 3 mos. It would not be this many mos if they hadn't sent our last payment back. It included late fees. We have sought financial counseling. They have yet to get back to us. The mortgage co. refuses to work with us. My husband agreed to pay 100 more a month. If we could pay the equality of 2 payments upfront they could get this instated!!! Everyone tells me it is illegal for them to refuse payment. I do not know the law, but I can't imagine such a large co. risking doing something illegal?? Any advice would be appreciated. Thanks so much.

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So What Happened?

Thank you!! Thank you all for your advice, encouragement and offers to help! Wow! Honestly, I had come back to this site, less than 2hrs later, to erase my request, thinking it too personal. I already had responses! So, we finally got a call from the credit counselor and had an apt with her. She went over our budget with us and looked over all of the paper work. Her job is to be the mediator in the situation. She explained a lot to us. First of all, we had to have agreed to the refusal of payments in our mort. contract. So, that's why its legal. We signed. Second, the mort. co. wants a payment agreement. They do not want to accept whatever you can send. They need to maintain control. That you can tell when you talk to the associates. They want it all and they want it now. Thirdly, she explained that the associates we speak to have most likely had these deliquent accounts outsourced to them. In other words, hired hands to do the dirty work and they have no vested interest in our outcome. Of course, we have a lot vested - you know a roof over our heads, so that's probably why we may sound defensive (put mildly). As it stands now, our mediator has set it up for us to pay half now and the remainder in February. I've already sent the first half. Hopefully this is the end of it. Again, Thank you all.

More Answers

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M.C.

answers from Indianapolis on

We went thorugh this not to long ago. We had an attorney that we did use. My husband had a company that decided that they would not accept the payment that he could afford. 9 times out of ten if you keep all information of whom you talked to when there name time and your offer there refusal then a judge will see that you held up your end to pay. Even if you are sending then a 50.00 a week for instance. back to my husband. The judge ended up marking account as paid in full because we did all we could to pay. Then there was another whom we worked out a payment plan with that meet our needs. I do sugest that you seek legal advice. Most time forclouser starts 3 to 6 months after nonpayment. Sorry to hear it but in my opinion it is another way company's scam us! Good look!

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J.P.

answers from Chicago on

The only reason why I think they might refuse payment is when they are starting foreclosure proceedings. Then you have to contact their attorneys and they won't accept anything less then the total amount due.

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J.T.

answers from Chicago on

D.-

With the way the entire real estate & mortgage markets are today it would be a very good idea to seek legal advise. If you're in Illinois I can recommend an excellent attorney who does A LOT of work with pre-forclosures & negotiating with mortgage companies. Please let me know if you want his phone number.

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S.H.

answers from Indianapolis on

Hi D.,

So sorry to hear about your financial troubles. It is so hard to deal with those.
Once a company send our payment back because they stated it did not include all the fees. Apparently if they would have cashed the check they would have accepted it as a payment and would be unable to hold it against us.
I do think you should seek legal advice, Kelli J's offer sounds great. A foreclosure is not really in the best interest of the company either so I am not quite getting it why those companies refuse to work with their customers.
Good luck!

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J.C.

answers from Fort Wayne on

Call my husband, Doug C., ###-###-####. He owns Guardian Financial, a mortgage company. He'd be able to explain to you what happened, or lead you in the right direction. Who knows, maybe he'd even be able to get you out of your current mortgage and into another one. I don't know if there's much he can do since you're showing to be late 3 months, but you never know..... I've seen him help hundreds of people over the last couple of years.

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K.J.

answers from Chicago on

I'm sorry D. to hear about this. I am a licensed real estate broker so I have heard too many of these stories lately. My suggestion to you is to definitely call an attorney and he should be able to explain things. I have an attorney friend that he could probably answer a couple questions for you for free. Email me personally if you are interested. Good luck to you. ~K.

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