Legal Question in Real Estate Law in Pennsylvania

I went through a loan modification with my mortgage co. my original agreement had a balloon pmt with a maturity date of 12/1/2014. After the modification, the loan still has a balloon pmt but the maturity date was moved back to 12/1/2029. This was on the modification letter from the mortgage company, which was approved in April, and also subsequent monthly statements. However, when i received my latest mortgage statement, dated 8/12/2010, the original matirity date was there. I immediately called them to find out why. They told me that the maturity date was never changed and that the date of 12/1/2029 was just used for the purpose of calculating a new payment. I told them that I have the letter from them stating the new maturity date, but they insist this is not the case. What should I do?


Asked on 8/23/10, 9:53 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Were you assisted by a housing counselor in getting the loan modification? Perhaps that counselor could help you getting the mortgage company to correct its records. Usually, modification agreements are signed by both the mortgage company AND the borrower.

You also should consult with a lawyer to verify that the letter changed the actual maturity rate instead of only recalculating the new amount of the monthly payments. If the terms spelled out in the letter do not agree with your understanding, the lawyer and the housing counselor should advocate on your behalf.

Please note that when you communicate with the mortgage company, it is unlikely that phone calls will be documents in their records. It is essential to confirm any telephone communications in writing, via certified mail, return receipt requested.

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.

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Answered on 8/29/10, 9:11 am


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