Legal Question in Credit and Debt Law in Florida

Foreclosure

My wife and I are 3 months behind on our house payment we sent a payment to our mortgage company and they returned the check and then sent us foreclosure papers, We have heard that if payment is refused that legally your home becomes paid in full for rejection of payment. Could you please e-mail us and let us know if this is true or not. We have about 14 days to respond to our mortgage companies lawyers. Thank you for any information you can furnish us,

[email protected]


Asked on 6/27/06, 6:27 pm

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: Foreclosure

You probably should have sent the entire amount past due plus the current month's paymnet in order to avoid foreclosure. (No, it is not true. If it was, EVERYONE would deliberately go 3 months past due, then send in one payment and expect the house to be declared paid in full.)

Read more
Answered on 6/28/06, 1:26 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Foreclosure

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.

This is absolutely not true. Lenders have the right for you to reject any payment that is for less than the full amount that is owed at the time.

Where did you hear this gem? Was it at your local barbershop or the local tavern?

I would strongly suggest that you obtain any future legal advice from a lawyer who is qualified to answer your questions.

Scott R. Jay, Esq.

Read more
Answered on 6/28/06, 6:11 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida