Legal Question in Real Estate Law in Florida

My question is, I purchased a home thru owner financing contract. And I put $14,000.00 down. My monthly payments are $755.00 per month. I have always paid my mortgage by the 5th of the month being my husband is in Iraq as a contractor truck driver. And just this Saturday I recieved a letter stating she wants the check by the first of each month, or post marked no later than the first of the month or I will incurr a ten dollar late charge for each day past the first. My question is, is this legal to do? And also she stated that we should start looking into refiancing the home. When we purchased the home we stated we would look into refinancing around the two year mark, which we haven't even lived her now for a year as of yet. We went this route do to low credit scores, and thought this would be a good way to go. I haven't spoken with my husband on this issue as of yet being he is in another country and I didn't want to have him worry while he was away. I am stressed over this, and unable to sleep. I really just wanted to know my rights, or if I even had any at all.


Asked on 2/14/10, 4:58 pm

2 Answers from Attorneys
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

Whether or not the owner can change the timing of payment and charge a late fee will depend on the language set forth in the seller financing documents.

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Answered on 2/22/10, 6:20 am
Lesly Longa Longa Law P.A.

I am sorry to hear about this. If it's not in the contract (or if the owner's power to change is not in it), then it is not legal. That being said, I cannot tell you what your rights are under this financing agreement until I have reviewed it for you. Please feel free to email or call me. Regards,

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Answered on 2/22/10, 2:38 pm


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