Legal Question in Real Estate Law in Massachusetts
mortgage company
can a mortgage company go into your personal checking account for mortgage payments causing a $25.00 overdraft charge each time? If the $ was there, the mortgage would be paid, but we are facing hardship foreclosure, and they are taking the last little scraps this family has by doing this!
1 Answer from Attorneys
Re: mortgage company
If you gave them authority to automatically deduct payments they can go into your checking account. If not, and assuming they are not the bank where you have your checking account, they can't do that without a court order or your permission.
One solution would be to close the account and inform the Mortgage company in writing that it is not authorized to take automatic withdrawals.
If you have equity in your home and you want to protect it, I suggest you contact a bankruptcy attorney. You may be able to save your equity if you have any in your home. I am not a bankruptcy attorney but there are many good ones in MA.
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