Legal Question in Real Estate Law in Georgia

foreclosure

Can a bank or financial institution you have take your monthly payment and use it to buy house insurance for you without notice. Therefore causing you to fall behind in payment and now wanting to foreclose on your home. Payments we make are not enough to make up for the payment they used for purchasing insurance for our home and putting us behind?


Asked on 1/25/09, 2:51 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: foreclosure

Read your loan documents to see what you agreed to as far as insurance and what the lender can do.

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Answered on 1/25/09, 2:54 pm
David Blazek The Law Office of David K. Blazek

Re: foreclosure

It's called "force place" insurance. The lender has an interest in the collateral (the house) and can require that it be insured against loss. In your loan agreement there is likely a "force place" clause which allows them to purchase insurance if the coverage you had kept on the collateral had lapsed. As Answer # 1 indicated - you should look to the documents you signed at closing - they spell out the agreement that was formed in the process of getting the mortgage. If it's in the agreement, yes they can. (And it is very unlikely that a serious mortgage lender would have neglected to obtain this authority in their standard agreement.)

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Answered on 1/25/09, 5:07 pm


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