Legal Question in Real Estate Law in Illinois
I am current with my mortgage, granted I usually am not able to pay by the first, but I always include the late fee. My mortgage company is requesting an in person interview with myself and my husband. They are threatening to return my March payment if we do not comply. Do they have the right to return my payment and make us delinquent by returning my March payment?
2 Answers from Attorneys
You should confirm that there is not a misunderstanding. Generally, you should not have an issue if you are only one payment behind. If you miss a second payment, generally they will stop accepting payments and return any payment you attempt to submit unless you submit the full deficiency. If there is a discrepancy, order a loan history and review it. It sounds like they are considering you further behind than you believe you are.
If you are late, you are late. If you are late frequently, they start to worry and they can do something about it if they want. It seems odd that they would take this action considering the current pressure on loan companies to work things out. These days the courts are not happy with "automatic foreclosures" and 'encourage' the loan companies to have conferences before they lower the hammer.
Note that all that is going on is a meeting - Mr Repay has suggested that you ask for a history of your payments. You can do so at the meeting they want. Be prepared for them to ask for an additional loan payment on the spot at the meeting. Try to arrange the money beforehand. In your situation I would -want- a meeting to straighten things out before it was too late. It does sound like you have missed a payment somewhere along the line.