Legal Question in Credit and Debt Law in Florida

Payment Problems

Good Afternoon,

I have a family member that was not able to make her morgage payment for the past four months. When she tried to send in a money order in the amount of $1200 (leaving a past due amount of $2050) The morgage company refused her money and sent the money back. I was under the assumption that by law a company can not refuse money! I need some legal advice to be able to assist my family member with this issue. I believe that this is being handled poorly and that when someone try's to make a payment and your refuse the money that is wrong.

Please provide me with any legal advise that you can.

I would greatly appreciate it.

Thank you for your time.


Asked on 12/12/07, 2:17 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Payment Problems

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

They can certainly refuse payment if it is for less than the full amount of any arrearages. You can believe what you want, but it is their choice whether or not to accept a partial payment. It may have already been turned over to their foreclosure department and thus they refused her payment. She should call them and try to arrange a repayment agreement. If she is unable to do this on her own, she may wish to retain an attorney to help her with this as the attorney may have more success in working this out.

Scott R. Jay, Esq.

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Answered on 12/13/07, 1:21 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Payment Problems

They are probably going to seek to foreclose. I would try to contact the work-out department to work-out terms of the loan to avoid foreclosure. You can do this yourself or use an attorney. If you would like a consult, please contact my office.

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Answered on 12/13/07, 11:38 am


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