Legal Question in Credit and Debt Law in Florida

can a Mortgage company return a late payment?

I was currently late on my mortgage payment by two months. I sent the mortgage company one payment and told them the other would be soon following. The mortgage company then sent my money orders back stating until I had the gull amount they would not except any payments. Can they legaly do this?


Asked on 3/11/01, 11:14 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: can a Mortgage company return a late payment?

Acceptance of your partial late payment could be deemed a waiver of your default and thereby delay foreclosure proceedings. It is within the discretion of the mortgage company to return the money and demand full payment.

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Answered on 5/22/01, 2:33 pm
Anthony Comparetto Comparetto Law Firm

Re: can a Mortgage company return a late payment?

First always read the mortgage but normally a mortgage company will not allow partial payments and will require payment in full. Often you can negotiate a workout plan to become current by talking, or hiring an attorney, to speak with the mortgage company

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Answered on 5/23/01, 8:13 pm


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