Legal Question in Real Estate Law in Pennsylvania

mortgage payment

I am behind in my mortgage and offered to make a one month payment and when I get paid again, I would continue to make payments until I was caught up on the 3 payments I am behind. The mortgage company told me that if I send just a one month payment, they would send it back. Isn't it true that if they refuse a payment when I am trying to pay, the bill is automatically paid?


Asked on 5/30/07, 4:19 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: mortgage payment

No. The mortgage holder does not have to accept what would be a "partial" payment instead of everything that is currently due.

However, you could try to negotiate a written agreement with them to allow you to catch up on 3 missed payments in a short period of time. If they do not enter into such an agreement with you, they may begin foreclosure proceedings.

PA does have programs to assist homeowners in foreclosure if there is a hardship that caused the default in payment. Lenders are required to give you information about those programs when they send you a notice of default or notice of intention to foreclose.

You must act quickly to take advantage of such programs, which do not get rid of your default, but will counsel you and try to get an agreement with the lender allowing you a little breathing room to catch up on your payments.

Check out the resources at:

http://www.phfa.org/consumers/homeowners/hemap.aspx/

https://www.hemap.org/hemap/secure/disclaimer.aspx

HEMAP = Homeowners� Emergency Mortgage Assistance Program.

Beware of "credit counseling agencies". Not all of them provide real assistance to borrowers.

If you are eligible for pro bono legal assistance, contact a legal services agency in your county.

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Answered on 5/30/07, 4:31 pm


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