Legal Question in Credit and Debt Law in Florida
Payment Problems
Good Afternoon,
I have a family member that was not able to make her morgage payment for the past four months. When she tried to send in a money order in the amount of $1200 (leaving a past due amount of $2050) The morgage company refused her money and sent the money back. I was under the assumption that by law a company can not refuse money! I need some legal advice to be able to assist my family member with this issue. I believe that this is being handled poorly and that when someone try's to make a payment and your refuse the money that is wrong.
Please provide me with any legal advise that you can.
I would greatly appreciate it.
Thank you for your time.
2 Answers from Attorneys
Re: Payment Problems
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They can certainly refuse payment if it is for less than the full amount of any arrearages. You can believe what you want, but it is their choice whether or not to accept a partial payment. It may have already been turned over to their foreclosure department and thus they refused her payment. She should call them and try to arrange a repayment agreement. If she is unable to do this on her own, she may wish to retain an attorney to help her with this as the attorney may have more success in working this out.
Scott R. Jay, Esq.
Re: Payment Problems
They are probably going to seek to foreclose. I would try to contact the work-out department to work-out terms of the loan to avoid foreclosure. You can do this yourself or use an attorney. If you would like a consult, please contact my office.