Legal Question in Real Estate Law in Florida

Mortgage Forclosure

Got behind in mortgage payments. Had discharged bankruptcy 3 years ago, since then have not gotten monthly statements so did not realize how far behind it was, trying to get it paid without withdrawing money from wife's retirement CD. Only got notices that said you are delinquent. Sent check for 1 month payment on March 1. Check returned by bank with note to call 800 #. They said mortgage was being forclosed. Was 3 mo. behind + legal fees of $1495 all paid. They said process would be stopped. Have since paid another monthly payment with another coming up.Today's paper has list of suits filed, it was there. Was never served any legal papers, first we knew of legal action was the check they returned and that said nothing about forclosure. Why can they charge attorney fee without notifying you they will file unless you pay by xxx date?


Asked on 4/21/03, 8:45 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Mortgage Forclosure

Firstly because the mortgage allows it and secondly, because it was sent to the atty for collection/foreclosure. I suggest you retain competent counsel to represent you. Chapter 13 may be an option.

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Answered on 4/21/03, 9:43 am


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