Legal Question in Real Estate Law in California

Can they do this?

I have been having problems with my mortage holder. They tryed to collect for late fees when I havent been late and proved it. Then they tryed to charge me with hazard insurance when I have it and proved it. Now there trying to foreclose my home because of my taxes. The property tax collector says we have 5 years to pay. My question is can they do this? Is it legal? What can I do?


Asked on 4/17/03, 9:35 pm

3 Answers from Attorneys

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

Re: Can they do this?

Whoops! All of a sudden you go from nuisance problems to life-threatening.

ANY proposed foreclosure has to be taken very seriously. You don't give much technical detail, but if you have been served with a Notice of Default you are in big-time trouble and need professional assistance to get to the bottom of the problem -- and fix it --- ASAP!!!

The mortgage company may have been wrong in the past, but don't assume that your current problem is their fault, or is merely harassment, or that you can blow them away by 'proving' something.

Failing to treat this as serious could result in loss of your property. Act decisively.

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Answered on 4/18/03, 2:17 am
Jason Hsu Una Law Corporation

Re: Can they do this?

Generally, a mortgage holder can require you to pay your taxes to protect their secured interest...even if the county tax collector will not take over your house until five years later. As the previous post suggested, you should take this matter seriously and have an attorney or somebody familiar with these types of situations assist you ASAP.

This information is of a general nature and you should always obtain legal counsel fully familiar with the specific facts of you case. Please contact our office if we can be of further assistance or email us.

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Answered on 4/18/03, 4:17 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can they do this?

Yes, they can. You promimised the mortgage company to keep your taxes current. If you don't, they can foreclose. Pay your taxes.

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Answered on 4/18/03, 12:16 pm


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