Legal Question in Credit and Debt Law in Illinois
Forclosure
My mortgage was turned over to a collection agency. Do I really have to pay their lawyer fee's and do I really have to pay the mortgage amount due to their lawyers? I know have the money and would prefer to pay the mortgage company what I owe them but I don't want to pay some rediculous trumped up fee's to these money grubbing &*(%^%^.
1 Answer from Attorneys
Re: Forclosure
Speaking as a "money grubbing &*(%^%^," when you fail to make your payments as agreed, the lender has little recourse but to enforce its rights through foreclosure. So the "money grubbing &*(%^%^" is just doing his or her job, which he or she would not have had to do had the lender received the payments from you in a timely manner. However, if you have made your payments on time, and you have complied with the terms of the mortgage and note in all other respects, then you should contact an attorney.
The mortgage and note you signed obligated you to pay for costs of collection should you fail to make payments as agreed. So yes, you need to pay these costs. As far as which entity you need to pay, it depends on the agreement between the mortgage company and the foreclosure attorney. I would suggest that you get something in writing from both of them directing you in this regard.