Legal Question in Real Estate Law in Florida

Dishonest Foreclosure Fees
I have a mortgage from a private mortgage lender. I have never been late in 2 years, until this month. My september 1 payment was paid late (Paid on Sept. 23) My lender sent my loan to a foreclosure attorney on Sept. 22. The attorney says that I now need to pay his legal fees of 1500.00. When I ask him to explain what he has done for the foreclosure process so fast he can't give me a straight answer. I don't think he has done anything in 1 or 2 day and feel that he is working with my lender to exploit the situation. Is there anyway I can verify what work he has done. (Public records maybe). Can I verify that he did actually file the foreclosure to justify his legal fees of $1500.00. This loan has never been more that 3 weeks late. The monthly payment has never overlapped.

Asked on 9/28/05, 12:37 am

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

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Re: Dishonest Foreclosure Fees

If your check was negotiated, contact your lender directly and advise your lender that the payment was received and accepted, and that you want to ensure that your loan is reinstated and in good standing. If they raise the legal fees question, request a copy of the bill for costs and fees. If you are expected to pay a bill, you have every right to review and scrutinize that bill. Continue to timely pay your monthly mortgage payments. The burden will be on the lender to pursue the fee issue. Naturally, if this matter escalates, then you should immediately consider retaining an attorney to defend your interests in this matter. Unfortunately, it is possible that the lender's attorney is demanding fees for work he/she never performed believing that you might acquiesce and cut the $1500 check without questioning the basis for the fees. Good luck.

Answered on 11/14/05, 4:32 pm

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