Legal Question in Real Estate Law in Florida

foreclosure mortgage pay off amount withheld

I am trying to pay off a mortgage in foreclosure with a sale date pending. The attorney for the plaintiff refuses to give the amount needed to pay off the mortgage. I have obtained a mortgage company to refinance and the title company has called for the amount and was told to contact the judge. The uniform Mortgage Satisfaction Act states that anyone delaying the payoff information will be responsible for attorney fees, losses incurred and a $500 penal fine. does this apply here? how can i get the amount so the mortgage can close and pay this off --- before the sale date?


Asked on 7/27/07, 8:44 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: foreclosure mortgage pay off amount withheld

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Foreclosure firms are notorius for being uncooperative in providing estoppel (payoff) information for mortgages in foreclosure. Your title company must keep constant pressure on them to get the payoff information. Unfortunately, title companies may not get the results as a real estate attorney might if handling the closing for you.

If this is not providing results, then you may need to hire an attorney to go to court and file a motion to require them to do so. A court order will give them a time frame and will surely get their attention.

Scott R. Jay, Esq.

Read more
Answered on 7/27/07, 9:38 am
David Slater David P. Slater, Esq.

Re: foreclosure mortgage pay off amount withheld

and try contacting the lender directly.

Read more
Answered on 7/27/07, 11:31 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida