Legal Question in Real Estate Law in Florida
I live in florida was on a loan modification. My daughter made my payment and it was misapplied. They kicked me out of the trial loan modifcation even thought chase said they mispplied the funds. They said I had to reapply> But in the meantime all past due amount came due and they declinded when I reapplied two separate times and have now sent my file to an attorney for foreclosure. I was calling every week to prevent this. Now on top of the past due they are applying attorneys fees. I cant pay both. I dont want to lose my house. WHat do I do
1 Answer from Attorneys
Loan foreclosures have become very tangled lately, as you question demonstrates. You need an attorney to respond to their foreclosure action. You will also need proof of your claims that the mortgage payment was misapplied. It does not look good for you to have your daughter making your house payment, because the loan modification program gives homeowners an opportunity to demonstrate that THEY can make the payments. However, if the payment was made, it should have been properly applied to your account.
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