Legal Question in Real Estate Law in Florida
foreclosure mortgage pay off amount withheld
I am trying to pay off a mortgage in foreclosure with a sale date pending. The attorney for the plaintiff refuses to give the amount needed to pay off the mortgage. I have obtained a mortgage company to refinance and the title company has called for the amount and was told to contact the judge. The uniform Mortgage Satisfaction Act states that anyone delaying the payoff information will be responsible for attorney fees, losses incurred and a $500 penal fine. does this apply here? how can i get the amount so the mortgage can close and pay this off --- before the sale date?
2 Answers from Attorneys
Re: foreclosure mortgage pay off amount withheld
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Foreclosure firms are notorius for being uncooperative in providing estoppel (payoff) information for mortgages in foreclosure. Your title company must keep constant pressure on them to get the payoff information. Unfortunately, title companies may not get the results as a real estate attorney might if handling the closing for you.
If this is not providing results, then you may need to hire an attorney to go to court and file a motion to require them to do so. A court order will give them a time frame and will surely get their attention.
Scott R. Jay, Esq.
Re: foreclosure mortgage pay off amount withheld
and try contacting the lender directly.