Legal Question in Real Estate Law in Minnesota
Mortgage default
my monthly payment goes from 12th to 12th @ month. I was 2 months in default I sent the two payments on the 31st of last month. They sent them back saying I needed to include a escrow payment as well and also wanted current month. because I did not receive the check until the next 12th, they now said I was 4 months in default and were sending it to their attorney to proceed with a forecloser. I have the money to pay them, my question is do I have to pay attorney fee's if I pay them before I receive any paper work from their attorney? and do they have to take my payment if it is full payment?
1 Answer from Attorneys
Re: Mortgage default
You are getting yourself dug in deeper here all the time. The rule is that the mortgage company does not have to accept partial payments. They only have to accept whatever it takes to bring the mortgage up to date. If they accept a partial payment, then they have to start their waiting and periods for a foreclosure all over again.
To put it bluntly, you are being set up. They are fix'n to take your house. Start paying attention and make this your top priority. Get on the phone to whoever you must at the mortgage company or at the attorney's office. Figure out exactly what the required payment is and make it promply. Make it in person if possible. Send it Fed Ex - or get it there as quickly as you can.
This should not be taken lightly. If you aren't sure what is going on and don't feel you can figure it out (and at this point they don't want you to figure it out, they want your house), go see a lawyer pronto. Get professional help before you are in so deep you can't get out.
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