Legal Question in Real Estate Law in California

I can't afford to pay the mortgage payments on my house, and I can't sell it because the market is down. I don't want bad credit. If I keep making payments, but at a lower rate would that protect me from losing my house? For example...If my mortgage paymets are $1000 and I make $500/month payments)


Asked on 4/02/12, 2:27 pm

2 Answers from Attorneys

Unless that is with the formal written consent of your lender to a loan modification, making payments for less than the required amount will do nothing to protect you. Your payments will be counted as late if they are not paid in full, and they will foreclose the same as if you had made no payments. If you cannot get a loan modification for lower payments, you may as well just strategically default rather than send the lender any more money. You should consult with an attorney before doing that, however, to make sure you don't fall into one of the rare situations where you could wind up still owing money after foreclosure. In probably 99% of cases no money is owed after foreclosure, but you want to make sure you aren't in that 1%.

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Answered on 4/02/12, 4:55 pm
Anthony Roach Law Office of Anthony A. Roach

I agree Mr. McCormick. Paying only a portion of your monthly payment will mean you are still in default, and will give the lender the right to foreclose.

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Answered on 4/02/12, 11:30 pm


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