Legal Question in Real Estate Law in Pennsylvania
I foolishly figured I would take a shot at a mortgage rate reduction with PNC Mortgage. Filled out all necessary paperwork in December and made first payment of 1243.00 reduced from 1577.00 on January 1. Was informed payments were to be made before 1st of month to reflect good faith with the investors. Subsequently I made payments on 2/1, 3/1, 4/1 all on time at 1243.00. On April 28th I received new paperwork in the mail stating my first payment of 1581.00 was due on June 1st. I called to question the new payment which was actually 4 dollars more than the original and the mortgage company rep said he saw no changes in my paperwork so I should call the person who drew up the papers at PNC. I called Crystal Richardon who stated she was on disability so I should not leave a voice mail. Her message said to contact Kelly Simkins instead. I reached out to Kelly Simkins and heard nothing back. Since the papers were due on May 4th I called back on May 4th to express my concerns I didn't want to sign new papers until I had some questions answered. I told mortgage company I would make the 1243.00 for the month of May and they said they will not accept partial payments I had to work it out with Crystal/Kelly. Spoke to mortgage company again later in the month who would investigate the matter and I would hear back from them in 7 - 10 business days. When I got back from work that day I had a sheriff at my door with foreclosure notices I had to sign for. June 11 made 10 business days and I heard nothing so I called them again explaining they were threatening foreclosure and they wanted 6200.00 for missed payments in February, March, April, and May. Keeping in mind I paid 1243.00 in February, March, and April leaving only May outstanding which they wouldn�t allow me to pay. I feel like they hoodwinked me and I am very upset because legally they are demanding an absurd amount of money they are not entitled to. Do I have any recourse?
1 Answer from Attorneys
If the property is in Philadelphia, the Philadelphia County Court of Common Pleas has a Residential Mortgage Foreclosure Diversion Program. It does not permit lenders to go forward with their foreclosure sale until there has been a formal attempt at conciliation between the borrower and the lender, with a view toward making payments affordable if they are not affordable at the time of the foreclosure process.
You may be only at the beginning of the process. You may also have been in a trial modification program, that called for specific payments for 3 months and then the possibility of having a more permanent modification.
The lenders have been bogged down in dealing with this and just about anything having to do with the mortgages in foreclosure because of the huge volume of cases. However, that should not leave you with a foreclosed home.
If the documents call for payments being made by the first of the month, making the payment ON the first is not compliant. Payments must be received by the lender or its servicer on or before the first of the month. So the lender may have been permitted to not accept the payments you made and to return them to you. That would have resulted in your default, permitting the lender to start foreclosure.
You should consult with an approved housing counselor. This link will take you to a HUD web site that lists them.
http://makinghomeaffordable.gov/counselor.html
DO NOT go to any agency or company that claims
it will save your home
requires you to pay or to deed your property or to give a mortgage
If you might qualify for free legal assistance [based on your income] you should find a local office of Community Legal Services to seek help.
Do not let any time go by, since you will lose legal rights and protections if you do.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
