Legal Question in Real Estate Law in California

Re: Default Notice and Returned Check

Well, this sounds more to me as a question of fact than of law.....one of you is wrong about the language of the court's order and/or the number and timing of payments. Mortgage companies do make mistakes, and that could have happened here, but probably more than two-thirds of the time the borrower will turn out to have made a mistake or have misunderstood the contract or order.

My recommendation is to re-read everything carefully and look at your check register, canceled checks etc. very carefully to verify that you are right and could prove it. You might have a friend with business or banking experience look at your papers.

Then, armed with the facts, negotiate with the lender.

Remember that a default notice is a formal step on the road to foreclosure, so don't waste any time in getting the matter cleared up.

If you are unable to make progress on your own, don't wait too long before getting legal help, especially if you have some equity in the property that you could lose if it goes to a foreclosure sale.

Re: Default Notice and Returned Check

Is this a case in which you are in bankruptcy. If so, the rulihngs of the judge control. It seems that as long as you are not late on the current monthly payment, your payment should be accepted. I will provide you with free consultation if you fax me at 714 363-0229 all pertinent documents including the dates that the checks were paid.

Re: Default Notice and Returned Check

The courts do not normally tell a lender that he is required to accept less than the full amount owing plus fees to remove it from the foreclosure process.

Do whatever you can to pay the arrearages claimed by the loan company, because expenses will continue to build up. Then, list all of your payments made, with proof of payment and receipt by the lender (meaning they cashed the check).

If you can show that they were mistaken, they will be required to correct their records, and possibly reimburse you for fees that you paid because of their error.

Don't delay or play games with your home!