Legal Question in Real Estate Law in Pennsylvania

Mortgage Payments

In mid August I was layed off from my employer. I was hired by another firm effective Nov.1, 2004. At the end of October I thought I had made a double mortgage payment for October which would have had a late fee attatched to it, plus Novembers payment which would have been on time, on line. This past week-end I was going through past bank statements on line & discovered no payments had been made. We called the mortgage co. today to make a payment however, the company stated they would not except it, it would be going to loss mitigation. Is it against the law for the company not to accept a payment if offered? We were forced by the company to go into Loss Mitigations earlier this past year for simular circumstances. It was a big hastle, and we ended up going through several upper management people due to a big lack of communications between the mortgage company employee's, paper work was mislocated and notations were not made on their computer system.


Asked on 1/03/05, 9:18 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Mortgage Payments

You may need to file an action to force them, it would depend on the terms of the mortgage. Gnerally a borrower has the right of redemption. If you can prove you made the payments (cancelled checks) then a letter from an attoreny should get things back in line.

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Answered on 1/03/05, 9:52 pm
Michael Carroll Michael D. Carroll, L.L.C.

Re: Mortgage Payments

Generally if you are late (more than 30 days), the mortgage company does not have to accept the payment. However, you are entitled to the right of redemption. You can ask what the redemption amount is.

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Answered on 1/04/05, 11:36 am


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