Legal Question in Real Estate Law in California

My mother is one month behind on her home mortgage, due to having to pay for her current taxes on the property. Chase Mortgage is demanding she get caught up immediately or they will start foreclosure proceedings. My question is: Can she call Chase Mortgage and try to see if they will put this one payment on the end of the loan? She has never missed any payments. The amount behind is $1,575. Please advise.


Asked on 1/03/10, 8:08 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's hard to give comprehensive advice on limited information, especially when the asking party is not the affected party, but a concerned relative or friend. I must say that demads that sound this rough and unforgiving after only one missed payment seem very unusual and out of character. Does the lender have other reasons to question your mother's ability to catch up, such as a recently-reduced credit rating, another default on some other property or loan, or something? Almost everyone who misses a payment for the first time will receive some kind of reminder, but seldom this storngly worded. I would suggest a family meeting including mother and all potential heirs, to see if someone could make a loan to mom to bring her mortgage current, and to set up a plan to assure that it stays current. Offspring have responsibilities for the care of elderly parents, and they also have a vested interest in keeping appreciated assets in the family.

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Answered on 1/08/10, 9:12 pm


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