Legal Question in Real Estate Law in Georgia

Long story but I purchased a house. Soon after my lender went under. My mortgage was picked up buy my closing attorney. Every month I pay my mortgage to an individual not a bank. In 2010 I lost my job and was unable to pay my mortgage. I spoke with the closing attorneys office and that balance was rolled over to the back of the loan. Since then I have made all my payments on time. Now to present day... my shed was involved in fire that was accidently started by my neighbor. We are going through my home insurance then they will go after my neighbor. I received the first check for the cost of the actual building. Of course it was in my name and my closing attorneys name. The attorney is now demanding I sign the check first so they can take the missed mortgage payments from 2010 out of the check. It was agreed that it went to the back of the loan. Is that legal?

Asked on 12/07/16, 3:20 pm

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Mortgage modifications must be written and agreed by both sides. Whatever the written agreement days binds both of you now.

Answered on 12/10/16, 4:38 am

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