Legal Question in Real Estate Law in California

default

can a mortgage co accept payment for money dues and 2 weeks later tell you that you have to move out and that they arent accepting your mortgage payment


Asked on 12/30/07, 11:15 pm

1 Answer from Attorneys

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

Re: default

The answer is a lot more complicated than simply yes or no. A lender is required to reinstate defaulted ordinary residential notes secured by deeds of trust upon payment by the borrower of all the principal, interest and penalties that were due or overdue at the time of the payoff.

If you were in default, but then paid the lender 100% of the amount then due, you should have been fully reinstated and no foreclosure sale should have taken place.

Your question doesn't say whether or when you defaulted or a foreclosure sale took place.

To give you a short answer, however, a partial payment would not prevent a foreclosure, and after a foreclosure sale you can be and probably will be asked to vacate.

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Answered on 12/31/07, 2:06 pm


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