Legal Question in Real Estate Law in California

Can a bank foreclose on a property if the bank is still accepting partial monthly payments?

Property is in Arizona, Bank is in California.


Asked on 10/06/09, 6:14 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the mortgage is sufficiently in arrears, the bank can foreclose. It's always worth talking to personnel at the bank to try to work something out -- if you can reach the right person.

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Answered on 10/06/09, 6:36 pm
George Shers Law Offices of Georges H. Shers

Mr. Cohen is right. If you were paying $.01 per month, you would not expect that to delay foreclosure proceedings. To be sure, you need to look at your loan documents.

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Answered on 10/06/09, 7:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the property is in Arizona, Arizona law will almost certainly govern (and possibly Federal as well) and you'll need an answer from an Arizona lawyer to be sure - so you might want to re-ask this as an Arizona jurisdiction question. Having said that, Mr Cohen and Mr. Shers are probably right, even though they (like myself) are California attorneys.

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Answered on 10/06/09, 8:10 pm

This is definitely an Arizona law question. With all the statutes that have been passed in the wake of the mortgage crisis, who knows what protections you may have there that you don't have in CA. Ask this as an AZ question.

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Answered on 10/06/09, 10:54 pm


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