Legal Question in Real Estate Law in Georgia
Mortgage Company returns my payments
November: I sent a mortgage payment (it was a couple weeks late). They held the check for two weeks then sent it back, saying I owed more than one payment, which was true since they'd held the check for so long. So now it's December:I sent them a check for two payments, they held it for a time and then returned it stating the same reason, and also saying they wanted certified funds. By this time it's January: I then sent them a certified check for $6000 (FOUR payments, more than they asked for). In the mean time, the first week in January, they sent a letter threatening foreclosure and they asked me to complete an income disclosure statement and supply tax returns, check stubs, etc. I completed it and sent it to them 2 days after I received it. On January 30th, I received a letter from their attorney stating that my property is going to foreclosure. My question is: If you owe someone money and you send them the money, can they legally send you the money back and then take your property???? Sounds like something's not right to me. Should I hire an attorney?? Would it do me any good, or will they take my house anyways? Please advise!
2 Answers from Attorneys
Re: Mortgage Company returns my payments
You should definitely contact a local attorney ASAP. You may be able to stop the foreclosure but you waive this unless you act promptly.
Re: Mortgage Company returns my payments
You should contact an attorney. Whether you can stop the foreclosure depends on several factors: whether you were in compliance with your Note, whether you sent the correct amount of money, whether the lender has already declared you in default and accelerated the entire balance due under the Note, whether your checks were good, etc.
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